CPL 180 Flashcards
180.10 Proceedings upon felony complaint; arraignment; defendant’s rights, court’s instructions and bail matters
Upon arraignment of a Felony Complaint the defendant MUST be informed of the charges against him and be provided a copy of _______________
The primary purpose of the arraignment is to determine if the defendant is to be held for the __________________
the Felony Complaint. ……….. action of the Grand Jury
180.10 Proceedings upon felony complaint; arraignment; defendant’s rights, court’s instructions and bail matters
The defendant has a right to a _________ on the issue as to whether there is sufficient evidence to ____________ for the action of the Grand Jury, the defendant may _____________ this right
prompt hearing ….. hold him…….. waive
180.10 Proceedings upon felony complaint; arraignment; defendant’s rights, court’s instructions and bail matters
The court MUST inform the defendant of the following rights:
- The defendant has a right to __________ ,
- has a right to an adjournment to _________________
- the right to _____________ by letter or phone call to anywhere in the USA or Puerto Rico to obtain counsel or inform a relative that he or she has been charged, and
- the right to have counsel appointed if they cannot ______________
Counsel, obtain counsel, communicate…….. afford one
180.10 Proceedings upon felony complaint; arraignment; defendant’s rights, court’s instructions and bail matters
The court (MAY/MUST) permit the defendant to proceed without the aid of counsel, IF it is satisfied he made such decision with knowledge of the significance thereof.
If a defendant proceeds without counsel ________________, he maintains his right to counsel at every stage of the proceeding
MUST……… at arraignment
180.10 Proceedings upon felony complaint; arraignment; defendant’s rights, court’s instructions and bail matters
Upon arraignment a securing order must issue either:
- ____________ the defendant on his own recognizance “ROR”
- Fixing _________________
- Committing the defendant to _____________________ for future appearance (Remand)
Releasing ……… bail…………. the custody of the Sheriff
180.10 Proceedings upon felony complaint; arraignment; defendant’s rights, court’s instructions and bail matters
New Law: Once again the statute mentions the __________ arraignment part and that if the defendant appears without counsel he will be held over to such part to obtain counsel
“off hour”
180.20 Removal of action from one criminal court to another (AT)
When a defendant who is brought to a town or village court in a town or village ______________________ the felony was committed but in the same county, he must be arraigned in that town or village court. The town or village court then MUST:
- a) ____________ of complaint pursuant to this article. (If defendant pleads down to a misdemeanor or petty offense)
- (b) remit the action to the court in town or village where felony ______________
other than the one where ……….. Dispose ………….was committed.
180.20 Removal of action from one criminal court to another (AT)
1-a. When a defendant is arrested and brought to a town or village court for a felony committed in an ___________ in the same county, the town or village court must arraign him and then MUST:
- (a) ____________ of complaint pursuant to this article. (If defendant pleads down to a misdemeanor or petty offense,court must conduct the action to judgment or other final disposition), or
- (b) remit the action to the city court __________________
adjoining city…… dispose ……….. where felony was committed
180.20 Removal of action from one criminal court to another (AT)
- When a defendant is arrested and brought before a superior court judge sitting as an LLC, such court must _______________ and then such judge MUST:
- (a) ____________ of complaint pursuant to this article. (If charge is reduced to a misdemeanor or petty offense, judge must arraign him on new accusatory instrument and remit action to the LCC having trial jurisdiction.), or
- (b) remit the action to the ____________
arraign him ……… dispose ………… LCC having geographical jurisdiction.
180.20 Removal of action from one criminal court to another (AT)
- Notwithstanding any of the above, in any county outside a city having a population of 1 million or more, after a defendant is arraigned in an LLC for a felony, the court may (upon motion of defendant and consent of DA) transfer the case to a “drug court” for disposition of felony complaint.
Removal is not effective until __________ after order is issued unless:
- (a) drug court will not accept action and drug court gives notice to court that issued the order, or
- (b) drug court will accept action on a date prior to the effective date (and drug court gives notice to defendant, counsel, and DA).
5 days
180.20 Removal of action from one criminal court to another (AT)
- (NEW - SIMILAR TO 170.15) In any county outside a city having a population of one million or more, upon or after arraignment of a defendant in felony complaint pending in a local criminal court having preliminary jurisdiction, such LLC may, upon motion remove the action to “a human trafficking court” or “veterans treatment court” in the same county, or with consent of the district attorney and the district attorney of the adjoining county to another court in such adjoining county, 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 ____________ 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 _______ period.
- Notice of acceptance or denial shall be given promptly to the defendant, their counsel, and the DA.
family offense………. five days ……… five day
180.30 Proceedings upon felony complaint; waiver of hearing; action to be taken
If the defendant waives a hearing upon a Felony Complaint, the court must either:
- Order the defendant be ____________ in the Superior Court. The local court must then promptly transmit all documents and papers pertaining to the arrest to the Superior Court.
- The action is considered still pending in the ______________ until such documents are received by the Superior Court
OR
- Make inquiry as to whether the Felony Complaint should be dismissed and replaced by an _________, _____________, or __________ as per 180.50
held for the action of the grand jury ………. Information,Prosecutors Information or Misdemeanor Complaint
180.40 Proceedings upon felony complaint; application in superior court following hearing or waiver of hearing
- At any time before the matter is submitted to the grand jury,the District Attorney may apply to the court, ex parte, for an order returning the Felony Complaint to the originating____________ for reconsideration.
- The court MAY grant such order if the felony complaint is _________ or it is within the interests of justice to do so
local criminal court ……… defective
180.50 Proceedings upon felony complaint; reduction of charge
The local criminal court may, upon the consent of the DA, make an inquiry to determine whether the defendant should be charged with an offense other than a Felony.
The court may question any person who it believes may possess information relevant to the matter including the defendant.
If the court is so satisfied that there is reasonable cause to believe that the defendant committed an offense other than a felony, it may reduce the charge to a non-felony offense.
This is done by replacing the Felony Complaint with or converting it to another local criminal court accusatory instrument.
The court may not order such reduction if there is reasonable cause to believe the defendant committed
- a ___________ (other than for drugs), or
- any armed felony
class A Felony
180.60 Proceedings upon felony complaint; the hearing; conduct thereof
The hearing upon a Felony Complaint must be conducted as follows:
- The DA (MUST/MAY) conduct the hearing
- The defendant (MUST/MAY) be present at such hearing
- The court (MUST/MAY) read the felony complaint and supporting depositions to the defendant
- Each witness (MUST/MAY) testify under oath, unless authorized to give unsworn evidence at trial
- The people (MUST/MAY) call and examine witnesses and offer evidence
- The defendant (MUST/MAY) as a matter of right testify in his own behalf
- Upon the request of the defendant ,the court (MUST/MAY) permit him to call his own witnesses
- Only ___________ evidence is admissible to demonstrate reasonable cause to believe the defendant committed a felony
- The court (MUST/MAY), upon application of the defendant exclude the public from the hearing
- The hearing should be completed in _________ session(s), if an adjournment is absolutely necessary it may not be for more than ONE(l) DAY
MUST….MAY…MUST….. MUST…. MUST …. MAY…….. MAY…… non-hearsay … MAY….. ONE(1)
