CPL 190 Flashcards
T/F- If Court or DA instructs the Grand Jury on the law, it must be on the
recorded minutes
TRUE
(CPL 190.05, 190.25) A grand jury to be validly constituted and legally
sufficient must be composed of:
a) at least 23 persons with at least 12 present at each sitting
b) at least 16 persons with at least 12 present at each sitting
c) no more than 16 persons at any sitting
d) no more than 23 persons with at least 16 present at each sitting
d) no more than 23 persons with at least 16 present at each sitting
(CPL 190.20-3) After the impaneling of the grand jury:
a) the court appoints a foreman, acting foreman and secretary of the grand jury
b) the court appoints a foreman and acting foreman, and the jurors choose a
secretary
c) the court appoints a foreman, and the jurors choose an acting foreman and
secretary
d) the jurors choose a foreman, acting foreman and secretary
b) the court appoints a foreman and acting foreman, and the jurors choose a
secretary
(CPL 190.20-6) When more than one grand jury is impaneled for the same
term of court, jurors may be transferred from one panel to another:
a) by the court
b) by the grand jury foremen
c) by the district attorney
d) in no case
a) by the court
(CPL 190.25-2) Which one of the following statements is true?
a) The selection method of grand jurors and drawing and impaneling of grand
jurors is governed by the discretion of the presiding judge
b) The grand jury is the exclusive judge of the law with respect to any matter
before it
c) The district attorney and the official stenographer are always permitted at all
of the grand jury’s proceedings
d) Any grand juror may administer an oath to any witness appearing before the
grand jury
d) Any grand juror may administer an oath to any witness appearing before the
grand jury
(CPL 190.25-1) An indictment, requires the concurrence of at least how many
jurors?
a) 9 jurors
b) all jurors
c) 14 jurors
d) 16 jurors
d) 16 jurors
(CPL 190.25-3) Which of the following may be present in the grand jury room
at any time:
a) the district attorney and the grand jurors
b) an interpreter for a deaf or hearing-impaired grand juror
c) a stenographer authorized to record the proceedings of the grand Jury
d) only the grand jurors
b) an interpreter for a deaf or hearing-impaired grand juror
(CPL 190.32) A “special witness” is a person who the district attorney intends
to call as a witness in a grand jury proceeding and person is:
a) any person less than 12 years old
b) any person more than 12 years old
c) unable to testify in person because of a physical illness
d) less than 12 years old, and likely to suffer very severe emotional or mental
stress
c) unable to testify in person because of a physical illness
(CPL 190.32) A “child witness” in a grand jury proceeding must be a person
who is:
a) 9 years old or less
b) 10 years old or less
c) 11 years old or less
d) 12 years old or less
d) 12 years old or less
(CPL 190.40) A witness who gives evidence in a grand jury proceeding:
a) gets complete immunity, in all situations
b) never gets immunity
c) gets immunity for his testimony, but may be prosecuted for the crime based
on other evidence
d) gets immunity for the crime he is questioned about if he testifies truthfully
d) gets immunity for the crime he is questioned about if he testifies truthfully
(CPL 190.60) The actions that may be taken by a grand jury include:
1. to indict
2. to dismiss the charge
3. to direct the district attorney to file a prosecutor’s information
4. to submit a grand jury report concerning conduct in public office by a public
servant
a) 1 and 2, only
b) 1, 2 and 3, only
c) 1, only
d) all the above
d) all the above
(CPL 190.75-3) When a grand jury dismisses a charge:
a) it cannot be resubmitted to another grand jury
b) the court may, in its discretion, authorize its resubmission to the same or
another grand jury
c) it cannot be resubmitted to the same grand jury, but may be submitted to
another
d) if the district attorney decides to resubmit the charge to another grand jury
he may do so without court approval
b) the court may, in its discretion, authorize its resubmission to the same or
another grand jury
(CPL 190.75-4) When a grand jury has dismissed all charges against the
defendant:
a) the court must notify defendant within 90 days
b) the grand jury must notify such defendant within 60 days
c) the court must notify defendant within 60 days
d) the district attorney must notify defendant within 90 days
d) the district attorney must notify defendant within 90 days
