CPL 195 Flashcards
CPL 195.10 T/F? Waiver of indictment may be made in LCC or superior court.
True
CPL 195.10 T/F? Waiver of indictment may not be made when offense is class
B or C felony.
False. may be made (Cannot if charged with A felony)
CPL 195.10 T/F? For a defendant to waive indictment, consent of the DA is
needed.
true
CPL 195.20 T/F? Waiver of indictment must be signed in open court and in
presence of defendant’s attorney.
true
CPL 195.40 When indictment is waived in a LCC, the D.A. must file a superior
court information within __ days of the order approving the waiver
10
Which of the following is FALSE? A waiver of indictment:
A. must contain name of court in which it is executed.
B. must contain the endorsement of the attorney for the defendant.
C. must list name of offenses to be charged in superior court information.
D. must list approximate time & place of offenses to be charged in superior court
information:
B. must contain the endorsement of the attorney for the defendant.
- With respect to waiver of indictment, case is deemed pending in the LCC until:
A. the waiver is signed in open court.
B. the DA consents in writing
C. written waiver is mailed to superior court.
D. none of the above
D. none of the above (CPL 195.20) The written waiver and court approval are
received by the superior court.
Which of the following is not correct? A waiver of indictment:
A. may be in writing.
B. must contain waiver of indictment.
C. must contain consent to be prosecuted by superior court information.
D. cannot be executed without the consent of the DA.
A(CPL 195.20) MUST be in writing
When an indictment is waived in a LCC the D.A. must file a superior court
information in superior court within____days of execution of court order
approving the waiver.
C.10
- Which of the following relating to waiver of indictment are correct? 1. must
contain the title of the action 2. must be in writing 3. must state approximate
date of offense
A. 1 & 2 only
B. 3 only
C. 1 & 3 only
D. 1, 2 & 3
D. 1, 2 & 3
