CPL 190 Volume 2 Flashcards
190.40 -Grand jury; witnesses, compulsion of evidence and immunity
All witnesses before a Grand Jury MUST give evidence requested of them regardless of the belief it may _____________ them
incriminate
190.40 -Grand jury; witnesses, compulsion of evidence and immunity
A witness whom gives such testimony receives immunity unless:
- They waive _________________
- Gratuitously _________________ not responsive to the inquiry… aka Dumb ass (“While I was shoplifting in the store across the street I saw the crime in question being committed”)
- The evidence submitted by the witness consists solely of___________________
Immunity……. volunteer information…….. books, papers or records
190.45-Grand jury; waiver of immunity
- A waiver of immunity is a written instrument stipulating that you waive your privilege against self-incrimination, it must be sworn to before ____________
- Any information provided beyond the scope of what is included in the agreement of the waiver, the witness will maintain their __________ with regard to those statements
…… the Grand Jury………. rights of immunity
190.50 - Grand jury; who may call witnesses; defendant as witness
- No person has a right to call witnesses or appear as a witness in a Grand Jury, except as provided herein
- The people and the Grand Jury may call witnesses believed to possess relevant information
- The DA may demand any witness called by the Grand Jury to sign a ___________
- A defendant may request that the grand jury also call a witness so designated by him that may help his case
waiver of immunity
190.50 - Grand jury; who may call witnesses; defendant as witness
When a criminal charge is pending against a person, such person has a right to __________ on their own behalf while awaiting prosecution on an undisposed ___________ Complaint.
They must serve upon the DA a written notice making such a request. “Your honor we are serving notice”
appear as a witness ……. Felony
190.52- Grand jury; attorney for witness
A person who has _________ has the right to have an attorney present during their testimony before a Grand Jury.
If they cannot afford one, then one will be provided
signed a waiver of immunity
190.52- Grand jury; attorney for witness
The attorney of the person who signed a waiver of immunity may advise but not ___________ in the proceeding and similar to an attorney in a courtroom they can be removed by the court
take part
190.55- Grand jury; matters to be heard and examined; duties and authority of district attorney
This is a repeat stating the grand jury may hear and examine evidence concerning the commission of an offense, misconduct or neglect in public office
xx
190.60-Grand jury; action to be taken
The Grand Jury can take the following actions:
- _________ a person
- Direct the DA to file a ________________ with the LCC
- Direct the DA to file a request for removal to _____________
- ____________ the charge
- Submit a _____________
Indict ……… Prosecutor’s information…… Family Court……….. Dismiss……. Grand Jury report
190.65-Grand jury; when indictment is authorized
An indictment is authorized when:
- The evidence before it is____________ to establish such person committed such offense AND
- Competent and admissible evidence before it provides ___________ to believe that such person committed such offense
legally sufficient………. reasonable cause
190.70-Grand jury; direction to file prosecutor’s information and related matters
A Grand Jury may direct the district attorney to file a local criminal court prosecutor’s information charging a person with an offense __________
Such direction must be signed by the ___________ or ____________
other than a Felony……… foreman or acting foreman
190.71-Grand jury; direction to file request for removal to family court
The Grand jury can direct a request for removal to Family Court for crimes which a person sixteen, or commencing October first, two thousand nineteen, seventeen years of age or younger would not be responsible for. See definition Juvenile Offender PL Article 10.
– In this instance they ___________
cannot indict.
190.75 - Grand jury; dismissal of charge
- If the evidence before the Grand Jury is not legally sufficient or there is not reasonable cause to believe that such person committed such crime, the Grand Jury MUST _________ the charge.
- If the defendant is being held for the action of the grand jury, he must be released, or if at liberty the court must exonerate the bail
dismiss
190.75 - Grand jury; dismissal of charge
A court can authorize a matter to be resubmitted to a Grand jury but only for ______________
ONE(1) additional time
190.75 - Grand jury; dismissal of charge
When a case is dismissed by the Grand jury the DA must notify such person of the dismissal of the charges against them by regular mail within ______________
NINETY(90) days,……..
190.80-Grand jury; release of defendant upon failure of timely grand jury action
Upon application of a defendant who has been held for Grand Jury action for a period of more than ____________ or in the case of a Juvenile offender (new) or adolescent offender, ____________ without the occurrence of Grand Jury action, he must be released on his own recognizance unless:
- The lack of Grand jury disposition was due to ______________ request or with his consent; or
- Good cause is shown to not release the defendant containing some compelling fact or circumstance, which precluded timely Grand Jury action
FORTY FIVE (45) DAYS………. THIRTY (30) DAYS…… defendant’s
190.85-Grand jury; grand jury reports
The Grand jury may also submit reports concerning misconduct, non-feasance or neglect in ___________________
public office by a public servant.
195.10-Waiver of indictment; in general
A defendant can waive indictment and consent to be prosecuted by SCI when:
- They are being held by a local criminal court for the actions of the Grand Jury, and
- Not charged with a _______________ punishable by death or life imprisonment, eff. 11-1-08, and
- _______________ consents to the waiver
class “A” Felony……… District Attorney
195.10-Waiver of indictment; in general
You can waive Indictment in the local criminal court holding the defendant for grand jury action or in the Superior Court at any time before filing of _______________
Indictment by Grand Jury
195.20-Waiver of indictment; written instrument
The Waiver of indictment must be a written instrument which contains:
- the __________ of the court,
- __________ of the action,
- names of the _______________ with their times and dates etc.
Name……… title………. offenses
195.20-Waiver of indictment; written instrument
Waiver of indictment must also contain a statement by the defendant that he is aware of his rights and the rules of the waiver, for example: He has a right to be prosecuted by indictment, the SCI has the same force and effect as indictment filed by the grand jury and so on
xx
195.20-Waiver of indictment; written instrument
The waiver MUST be signed by the __________ in OPEN COURT in the presence of his attorney, with the consent of ___________ endorsed thereon
Defendant……… the DA
195.30- Waiver of indictment; approval of waiver by the court
- If the court approves the Waiver of indictment, it will issue a written order which should be promptly transmitted to the Superior court along with all pertinent documents.
- Until received by the Superior Court the case is considered to ___________ in the local criminal court
be still pending
195.40-Waiver of indictment; filing of superior court information
When the waiver is executed in the Superior Court, the SCI must be filed at____________ as the waiver.
This differs from the waiver being filed in the local criminal court.
- When the waiver is executed in the local criminal court,the SCI must be filed by the District attorney in the Superior Court within _____________
- If the defendant is in custody and the SCI is not filed within __________, then the defendant must be released on his own recognizance unless good cause is shown why he should not be released or the defendant himself was the cause of the delay
the same time …… 10 (TEN) days…..ten days
