CPL 170 Volume 2 Flashcards
170.40-Motion to dismiss in the furtherance of justice
Motion to dismiss in the interest of justice can be made by the court itself, the people or the defendant
Such motion may be brought when there is no basis for dismissal as a matter of ________ , but such dismissal is required as a matter of judicial discretion due to some compelling factor or circumstance that demonstrates that the conviction or prosecution of the defendant will result in an injustice. The court must consider many factors before granting such a motion
law
170.45 Motion to dismiss information, simplified traffic information, prosecutor’s information or misdemeanor complaint; procedure
The rules for bringing a motion to dismiss an indictment in 210.45 are also applicable for motions to dismiss accusatory instruments in LCC
xx
170.50 Motion in superior court to dismiss prosecutor’s information
Anytime after arraignment upon a prosecutor’s information filed at the direction of the grand jury and before the entry of a plea of guilty or commencement of a trial,the defendant may bring a motion to dismiss upon the ground that:
- The evidence before the grand jury was not ____________ to support the charge
- The grand jury proceeding was __________
legally sufficient ……… defective
170.55-Adjournment in contemplation of dismissal “ACOD”
Upon or after arraignment on a violation or misdemeanor, but before the entry of a plea of guilty or commencement of a trial, the court MAY upon motion of
- THE PEOPLE OR THE DEFENDANT and with the CONSENT of the other party, or
- on THE COURT’S own motion with the CONSENT of both the PEOPLE AND THE DEFENDANT,
order that the action be _____________________________
adjourned in contemplation of dismissal
170.55-Adjournment in contemplation of dismissal “ACOD”
- An ACOD is an adjournment of an action without a date with a view of dismissal in the furtherance of justice.
- Upon issuing an ACOD the court MUST RELEASE THE DEFENDANT on his own recognizance.
- Upon the application of the PEOPLE made within __________ or in the case of a family offense _______________,the court may restore the case if it is determined that a dismissal would not be in the interests of justice.
- If the case is not restored within such period it is deemed dismissed
SIX(6) MONTHS ……….. ONE(1) YEAR
170.55-Adjournment in contemplation of dismissal “ACOD”
- An order of protection may be issued in conjunction with an ACOD.
- For family offenses the defendant may be required to participate in _________ program addressing spousal abuse and family violence.
- The defendant may be required to participate in dispute resolution, community service, attend an _______________program all as a condition of the ACOD
an educational ……….alcohol awareness
170.55-Adjournment in contemplation of dismissal “ACOD”
- An ACOD is not an admission of guilt or a conviction.
- Upon the ultimate dismissal of the accusatory instrument, the arrest and prosecution shall be deemed a ________ and the defendant is restored to the status he occupied before his arrest and prosecution
NULLITY
SECTION 170.56 Adjournment in contemplation of dismissal in cases involving marihuana
ACOD for marijuana cases:
- There are some restrictions like no prior 170.56 being granted or prior drug convictions.
- The period of adjournment cannot exceed___________
TWELVE(12) MONTHS.
SECTION 170.56 Adjournment in contemplation of dismissal in cases involving marihuana
ACOD for marijuana cases:
- (NEW) The court may order an ACOD based upon a finding of______________
- For purposes of this subdivision, exceptional circumstances exist when, regardless of the ultimate disposition of the case, the entry of a plea of guilty is likely to result in severe or ongoing consequences, including, but not limited to, potential or actual immigration consequences.
exceptional circumstances.
170.60 Requirement of plea to information, simplified information or prosecutor’s information
A defendant must enter a plea to an__________ , __________________ or _____________ if it is not dismissed or terminated
Information………. simplified information………. prosecutor’s information
170.65 Replacement of misdemeanor complaint by information and waiver thereof
It is not required for a defendant to enter a plea to a_______________
- __________________ must be replaced by an Information for the prosecution of the matter to take place.
Misdemeanor Complaint……….. Misdemeanor Complaints
170.65 Replacement of misdemeanor complaint by information and waiver thereof
Generally supplementing a misdemeanor complaint with a ___________ satisfies the requirements, and the complaint is deemed to be converted to an Information
supporting deposition
170.65 Replacement of misdemeanor complaint by information and waiver thereof
An information, which replaces a misdemeanor complaint,need not charge the same _________________________,but at least _____________count must charge an offense that was the subject of the misdemeanor complaint
offense or offenses………………..one
170.65 Replacement of misdemeanor complaint by information and waiver thereof
- A defendant MAY waive prosecution by Information and consent to be prosecuted by Misdemeanor Complaint.
- If this takes place, then the defendant must enter a plea to the __________________ either at the time of the waiver or subsequent thereto.
Misdemeanor Complaint
170.70 Release of defendant upon failure to replace misdemeanor complaint by information
Upon application of the defendant who is committed to the custody of the Sheriff upon a Misdemeanor Complaint, the court MUST release the defendant for failure to convert Misdemeanor Complaint to Information if the defendant has been held in custody since ____________ for a period of more than ___________ excluding ______________
There are TWO exceptions:
- Defendant consents to prosecution of misdemeanor complaint
- Good cause shown why defendant should not be released
arraignment ………FIVE(5) days……… Sunday.
