CPL 170 Volume 1 Flashcards
170.10 Arraignment upon information, simplified traffic information prosecutor’s information or misdemeanor complaint; defendant’s presence, defendant’s rights, court’s instructions and bail matters.
After the accusatory instrument is filed the defendant MUST be arraigned thereon and MUST be ________ at such arraignment except when:
- A _________________ is filed and a procedure is provided by law that dispenses with the arraignment
- When the defendant’s appearance is required by ______________ or __________ ,the court may for good cause shown permit the defendant to appear by counsel
personally present …….. simplified information………. Summons or Appearance ticket
170.10 Arraignment upon information, simplified traffic information prosecutor’s information or misdemeanor complaint; defendant’s presence, defendant’s rights, court’s instructions and bail matters.
Upon arraignment the court MUST IMMEDIATELY inform the defendant of the charge or charges against him and MUST furnish him with a copy of the ____________
accusatory instrument
170.10 Arraignment upon information, simplified traffic information prosecutor’s information or misdemeanor complaint; defendant’s presence, defendant’s rights, court’s instructions and bail matters.
The defendant has a right to __________ or an adjournment to obtain counsel, the right to make a free phone call to anywhere in the United States or Puerto Rico or a free piece of paper to write a letter to someone who cares, for the purpose of obtaining counsel or informing a relative, and the right to have counsel appointed if they cannot afford one, except for ______________
counsel…………traffic infractions.
170.10 Arraignment upon information, simplified traffic information prosecutor’s information or misdemeanor complaint; defendant’s presence, defendant’s rights, court’s instructions and bail matters.
- The court must inform the defendant of these and other such rights.
- The court must also take affirmative action to afford these rights to the defendant.
- For example there is the right to not be prosecuted by ____________ Complaint (unless they consent) and such complaint must be superseded by an Information.
Misdemeanor
170.10 Arraignment upon information, simplified traffic information prosecutor’s information or misdemeanor complaint; defendant’s presence, defendant’s rights, court’s instructions and bail matters.
The court can only allow a defendant to proceed without the aid of ________ if it is convinced the decision was made with knowledge of the significance thereof
The exception to this is if the defendant is being charged with a __________ , he must be allowed to proceed without counsel
Counsel….. traffic infraction
170.10 Arraignment upon information, simplified traffic information prosecutor’s information or misdemeanor complaint; defendant’s presence, defendant’s rights, court’s instructions and bail matters.
If the defendant waives his right to __________ he continues to have such right throughout the proceeding,and may exercise it at any time!
counsel,
170.10 Arraignment upon information, simplified traffic information prosecutor’s information or misdemeanor complaint; defendant’s presence, defendant’s rights, court’s instructions and bail matters.
Upon arraignment,unless the matter is being disposed of then and there,the court MUST issue a _____________ either releasing the defendant on his own recognizance (ROR) or fixing bail….NO __________ (commitment to the custody of the sheriff) allowed for Misdemeanor Complaints and Informations. That is reserved for Felony Complaints as we will see in 180.10
The only exception to this is if the arraignment is upon a summons or appearance ticket and your attorney is appearing on your behalf,this keeps your attorney out of jail lol.
securing order ………..REMAND
170.10 Arraignment upon information, simplified traffic information prosecutor’s information or misdemeanor complaint; defendant’s presence, defendant’s rights, court’s instructions and bail matters.
If the defendant appears without counsel and no counsel is available at the moment, the matter must be adjourned to the ___________ arraignment part,if one is in operation in the county in which the court is located.
“off hours”
170.15 Removal of action from one local criminal court to another.
An action may be moved from one court to another if the arraigning court does not have ______________ or the inability of such court to form a jury,or in the rare event of all the judges of a court meeting an untimely death, no I’m not kidding see 3(a).
trial jurisdiction
170.15 Removal of action from one local criminal court to another.
(NEW) In any county outside a city having a population of one million or more, upon or after arraignment of a defendant on an information, a simplified information, a prosecutor’s information or a misdemeanor complaint, such LLC may, upon motion, remove the action to a “problem solving court,” in the same _________ and continue until disposition.
- a “problem solving court,” includes, but isn’t limited to, drug court, domestic violence court, youth court, mental health court, and veterans court.
- The chief administrator of the courts shall designate specific local criminal courts as “problem solving courts”
- an order of removal issued under this subdivision shall not take effect until _________ after the date the order is issued unless, prior to such effective date, the problem solving court notifies the court that issued the order that it will not accept the action or they will accept it on a date prior to the end of the _____________ period.
- Notice of acceptance or denial shall be given promptly to the defendant, their counsel, and the DA
County …….. five days……….. five day
170.15 Removal of action from one local criminal court to another.
In any county outside a city having a population of one million or more, upon or after arraignment of a defendant on an information, a simplified information, a prosecutor’s information or a misdemeanor complaint, such LLC may, upon motion remove the action to “a human trafficking court” or “veterans treatment court” in the same __________ and continue until disposition.
- The chief administrator of the courts shall designate specific local criminal courts as a “human trafficking court” or “veterans treatment court”
- No cases can be removed where the defendant is charged with a CPL 530.11 family offense and the defendant and victim are members of the same family or household.
- an order of removal issued under this subdivision shall not take effect until__________ after the date the order is issued unless, prior to such effective date, the “human trafficking court” or “veterans treatment court” notifies the court that issued the order that it will not accept the action or they will accept it on a date prior to the end of the__________ period.
- Notice of acceptance or denial shall be given promptly to the defendant, their counsel, and the DA.
County …….. five days……….. five day
170.20 Divestiture of jurisdiction by indictment; removal of case to superior court at district attorney’s instance.
When a case is pending in the local criminal court prior to a plea of guilty or commencement of a trial,and an indictment is filed with the Superior court for such Misdemeanor, the LCC is __________ of jurisdiction and the case is terminated there in the lower court. This is at the DA’s instance
divested
170.25 Divestiture of jurisdiction by indictment; removal of case to superior court at defendant’s instance
- This is a removal of a case to the Supreme Court upon the defendant’s request that such charge be prosecuted by indictment via presentation to the _________ .
- It is done by motion on notice to the DA showing good cause to believe that the interests of justice so require.
grand jury
170.25 Divestiture of jurisdiction by indictment; removal of case to superior court at defendant’s instance
- The defendant may ask for an adjournment for purposes of bringing such motion to the Superior Court, anytime before entry of a plea of guilty or commencement of trial or within ___________ of arraignment
- If the defendant’s request to be removed to the superior court for grand jury action is granted and the defendant is waiting for more than ____________ , while being incarcerated without any grand jury action, the Superior court must release him on his own recognizance
THIRTY(30) days………..fORTY-FIVE (45) days
SECTION 170.30 Motion to dismiss information, simplified information, prosecutor’s information or misdemeanor complaint
After arraignment the defendant may move to dismiss the accusatory instrument upon the following grounds:
- 1. It is _________ (170.35)
- 2. The defendant has received_____________
- 3. _______________ (previous prosecution)
- 4. Prosecution is ________ (30.10)
- 5. The defendant has been denied right to _____________
- 6. ______________ or ___________________impediment to conviction of the defendant
- 7. Dismissal is required in the furtherance of__________________(170.40)
Defective….. immunity……. Double Jeopardy ……… untimely…….. Speedy Trial ………. Jurisdictional or legal ………… justice
