CPL 195

Question 1

A waiver of an indictment MAY be made in local criminal court or superior court.

T / F

Answer 1

True.
A defendant MAY waive indictment in either the local criminal court in which the order was issued or the appropriate superior court.
CPL 195.10.2

VJC: upstairs vs downstairs

Question 2

A waiver of indictment MAY NOT be made when a defendant is charged with a class B or C felony.

T / F

Answer 2

False.
A waiver of indictment MAY NOT be made when a defendant is charged with a class A felony.
CPL 195.10.1(b)
A defendant may waive indictment when the defendant is NOT charged with a class A felony punishable by death or life imprisonment,.

Question 3

For a defendant to waive indictment, consent of the DA is needed.

T / F

Answer 3

True
The district attorney consents to the waiver
CPL 195.10.1(c)

Question 4

The waiver of the indictment must be signed in open court and in the presence of the defendant’s attorney.

T / F

Answer 4

True
The written waiver SHALL be signed by the defendant in open court in the presence of his attorney.
CPL 195.20

Question 5

When an indictment is waived in a lower criminal court, the DA must file a superior court information within _____ days of the order approving the waiver.

Answer 5

When indictment is waived in a local criminal court, the district attorney must file a superior court information with the appropriate superior criminal court within 10 days of the execution of the court order approving the waiver.
CPL 195.40

Question 6

Which of the following is FALSE:
A waiver of indictment:
A) MUST contain the name of the court in which it is executed;
B) MUST contain the endorsement of the attorney for the defendant;
C) MUST list the name of the offenses to be charged in the superior court information;
D) MUST list the approximate times and places of the offenses to be charged in the superior court information.

Answer 6

B
The consent of the district attorney SHALL be endorsed thereon.
CPL 195.20

Question 7

With respect to the waiver of indictment, the case is deemed pending in the lower criminal court until:
A) the waiver is signed in open court;
B) the DA consents in writing;
C) the written waiver is mailed to the superior court; or
D) none of the above.

Answer 7

C.
With respect to the waiver of the indictment, the case is deemed pending in the local criminal court until the written waiver is mailed to the superior court.
CPL 195.20

Question 8

Which of the following is NOT correct.
A waiver of indictment:
A) MAY be in writing;
B) MUST contain a waiver of indictment;
C) MUST contain a consent to be prosecuted by a superior court information;
D) CANNOT be executed without the consent of the DA.

Answer 8

A
A waiver of indictment MUST be in writing.
CPL 195.20

Question 9

When an indictment is waived in a local criminal court, the DA MUST file a superior court information in superior court within _____ days of the execution of the court order approving the waiver.

A) 1 day;
B) 5 days;
C) 10 days; or
D) 14 days.

Answer 9

C
When an indictment is waived in a local criminal court, the district attorney MUST file a superior court information in superior court within 10 days of execution of the court order approving the waiver.
CPL 195.40

Question 10

Which of the following relating to a waiver of indictment are correct?
1, MUST contain the title of the action;
2. MUST be in writing;
3. MUST state the approximate date of the offense.

A) 1 & 2 only;
B) 3 only
C) 1 & 3 only; or
D) 1, 2 & 3.

Answer 10

A
A waiver of indictment SHALL be evidenced by a written instrument, which shall contain the name of the court in which it is executed, the title of the action, and the name, date and approximate time and place of each offense to be charged in the superior court information.
CPL 195.20