CPL 190 Volume 2

Question 1

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

Answer 1

incriminate

Question 2

190.40 -Grand jury; witnesses, compulsion of evidence and immunity

A witness whom gives such testimony receives immunity unless:

1. They waive _________________
2. 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”)
3. The evidence submitted by the witness consists solely of___________________

Answer 2

Immunity……. volunteer information…….. books, papers or records

Question 3

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

Answer 3

…… the Grand Jury………. rights of immunity

Question 4

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

Answer 4

waiver of immunity

Question 5

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”

Answer 5

appear as a witness ……. Felony

Question 6

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

Answer 6

signed a waiver of immunity

Question 7

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

Answer 7

take part

Question 8

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

Answer 8

xx

Question 9

190.60-Grand jury; action to be taken

The Grand Jury can take the following actions:

1. _________ a person
2. Direct the DA to file a ________________ with the LCC
3. Direct the DA to file a request for removal to _____________
4. ____________ the charge
5. Submit a _____________

Answer 9

Indict ……… Prosecutor’s information…… Family Court……….. Dismiss……. Grand Jury report

Question 10

190.65-Grand jury; when indictment is authorized

An indictment is authorized when:

1. The evidence before it is____________ to establish such person committed such offense AND
2. Competent and admissible evidence before it provides ___________ to believe that such person committed such offense

Answer 10

legally sufficient………. reasonable cause

Question 11

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 ____________

Answer 11

other than a Felony……… foreman or acting foreman

Question 12

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 ___________

Answer 12

cannot indict.

Question 13

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

Answer 13

dismiss

Question 14

190.75 - Grand jury; dismissal of charge

A court can authorize a matter to be resubmitted to a Grand jury but only for ______________

Answer 14

ONE(1) additional time

Question 15

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 ______________

Answer 15

NINETY(90) days,……..

Question 16

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

Answer 16

FORTY FIVE (45) DAYS………. THIRTY (30) DAYS…… defendant’s

Question 17

190.85-Grand jury; grand jury reports

The Grand jury may also submit reports concerning misconduct, non-feasance or neglect in ___________________

Answer 17

public office by a public servant.

Question 18

195.10-Waiver of indictment; in general

A defendant can waive indictment and consent to be prosecuted by SCI when:

1. They are being held by a local criminal court for the actions of the Grand Jury, and
2. Not charged with a _______________ punishable by death or life imprisonment, eff. 11-1-08, and
3. _______________ consents to the waiver

Answer 18

class “A” Felony……… District Attorney

Question 19

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 _______________

Answer 19

Indictment by Grand Jury

Question 20

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.

Answer 20

Name……… title………. offenses

Question 21

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

Answer 21

xx

Question 22

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

Answer 22

Defendant……… the DA

Question 23

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

Answer 23

be still pending

Question 24

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

Answer 24

the same time …… 10 (TEN) days…..ten days