CPL 170 Flashcards
CPL 170.30
T/F
Generally if a 16 or 17 year old is charged with PL 230.00(prostitution) or 240.37(loitering for prostitution) the LCC May not dismiss charge in the interest of justice. This does not apply where charge is loitering for the purpose of patronizing a prostitute.
False. MAY.
CPL 170.80
If youth is not in compliance during the pendency or disposition of the PINS proceeding, court may, upon application of the people, restore the accusatory instrument. (Notice of such application must be served in person and his or her counsel by ____)
The court
CPL 170.10
T\F
A defendant must appear personally at arraignment.
False. Exceptions are corporate defendant and summons/appearance ticket, court may permit defendant to appear by counsel.
CPL 170.10
T/F
Defendant must always be provided free counsel if unable to pay for counsel
False. Court does not have to provide free counsel in certain traffic offense charges.
CPL 170.10
T/F
A misdemeanor complaint may be used as the basis for prosecution in all cases
False. Misdemeanor complaint must be replaced by information unless defendant consents.
CPL 170.10
T/F
A securing order cannot release the defendant on his own recognizance.
False. A securing order can dont know so. It can also fix bail (or commit the defendant to the custody of the sheriff)
CPL 170.25
A defendant in custody awaiting grand jury action must be released on his own recognizance if grand jury hasn’t acted within ___ days.
45
CPL 170.30
Generally criminal pre trial motions must be made within ___ days after arraignment and before commencement of trial.
45
CPL 170.55
T/F
An ACD is in all cases for a maximum period of 6 months.
False. In a family offense case the maximum period of an ACD is 1 year
CPL 170.55
T/F
An ACD is an admission of guilt.
False. An ACD is not an admission of guilt.
CPL 170.70
Generally if a misdemeanor complaint is pending and defendant is in custody, defendant must be released on his own recognizance after ___ days of confinement.
5
