CPL 200 Flashcards
200.10 - Indictment; definition
Indictment; definition
It is a written accusation by a _________ filed with the Superior Court charging a person or two or more persons jointly with the commission of a _________ or with the commission of two or more offenses at least one of which is a crime
Grand jury,… crime,
200.10 - Indictment; definition
Now not to confuse you but the true definition of Indictment includes the Superior Court Information. The exception is when we discuss the Grand Jury Indictment, which in that case does not include the Superior Court Information….confused yet?
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200.15 - Superior court information; definition
Superior court information; definition
It is a written accusation by a _________ filed with Superior Court charging a person or two or more persons jointly with the commission of a _________ , or with the commission of two or more offenses at least one of which is a crime.
- The SCI shall not include an offense not named in the written ______________
- An SCI has the same force and effect as an Indictment
District Attorney …. crime…. waiver of indictment.
200.20- Indictment; what offenses may be charged; joinder of offenses and consolidation of indictments
An indictment MUST charge at least one __________ and can charge in separate counts other offenses including ___________
Crime……….. petty offenses
200.20- Indictment; what offenses may be charged; joinder of offenses and consolidation of indictments
Offenses are joinable when they are based on the ___________ or ___________ or even when based on different criminal transactions, the commission of one can be evidence in chief of the other or the criminal acts are defined by the same or similar statute provisions making them similar in law
same act or same criminal transaction
200.20- Indictment; what offenses may be charged; joinder of offenses and consolidation of indictments
When offenses are determined to be joinable the court can consolidate them under one ________ for trial purposes upon the application of the people or the defendant.It is also possible under certain circumstances that they also be tried separately, also upon application of the people or the defendant
Indictment
200.20- Indictment; what offenses may be charged; joinder of offenses and consolidation of indictments
An indictment CAN be consolidated with __________
an SCI
200.20- Indictment; what offenses may be charged; joinder of offenses and consolidation of indictments
Simple:
- (New) Indictments can mix charges in which the defendant will be treated as an infant and as an adult if the mixed charges are based on the same act or one offense would be evidence of the other
Full:
- [(NEW) Where an indictment charges at least one offense against a defendant who was under the age of seventeen, or commencing 10/01/2019, eighteen at the time of the commission of the crime and who COULD be found criminally responsibility (as an adult), they may also be charged in an indictment for a crime which they could NOT be found responsible by reason of infancy IF:
- (a) the offense for which the defendant is criminally responsible and the one or more other offenses for which he or she would not have been criminally responsible by reason of infancy are based upon the same act or upon the same criminal transaction; or
- (b) the offenses are of such nature that either proof of the first offense would be material and admissible as evidence in chief upon a trial of the second, or proof of the second would be material and admissible as evidence in chief upon a trial of the first.]
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200.30- Indictment; duplicitous counts prohibited
Each count of an Indictment may charge _________ offense only!
one
200.40- Indictment; joinder of defendants and consolidation of indictments against different defendants
Two or more defendants may be jointly charged in a single indictment if:
- They are both charged with ________ offenses, or
- All offenses are based upon a _____________ or plan, or
- All offenses are based upon same _______________, or
- If the indictment includes a count of _____________ and every defendant is jointly charged with ___________
the same….. common scheme…….. criminal transaction……… enterprise corruption………. enterprise corruption
200.40- Indictment; joinder of defendants and consolidation of indictments against different defendants
The Court,upon motion of the defendant or the people, within the period provided in section 255.20, may with good cause shown, order a __________ even though the criteria for consolidation can be met.
On the converse when there are separate indictments that could have been consolidated into one, upon application of the people the court may consolidate and order _____________
separate trial …… a single trial.
200.40- Indictment; joinder of defendants and consolidation of indictments against different defendants
** Nothing prevents the consolidation of an indictment with a ____________________**
superior court information
200.50 - Indictment; form and content
An indictment must contain: “NINE ITEMS”
- The _________ of the court where filed
- The __________ of the action with a Juvenile Offender statement if so charged as a Juvenile Offender
- A separate _________ or _______________ for each offense charged
- A statement by the grand jury or DA (if SCI), that defendant is accused of a designated offense and with language if appropriate “as a hate crime”,”as a crime of terrorism”, “as a sexually motivated felony” or “as a public corruption crime”
- A statement in each count designating the _______ of the Crime
- A statement in each count designating _________ and __________ on or about of crime
- A plain and concise factual statement in each count supporting every element of the offense charged including specifics supporting as to why it’s an “Armed, Hate or Terrorism” crime or “Sexually motivated felony”
- The signature of the _________ or __________ of the Grand Jury
- The signature of ___________
Name ….. title ……… accusation or count…….. County ……. date and time….. foreman or acting foreman……… the DA
200.50 - Indictment; form and content
The judge does not need to sign the indictment. (T/F?)
TRUE
200.50 - Indictment; form and content
Hate crimes are offenses that are committed intentionally in whole or in substantial part against a person because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, sexual orientation, or (NEW) ___________ identity or expression of a person
gender
200.60- Indictment; allegations of previous convictions prohibited
The words “__________ “ are used if a previous conviction is raising the new offense from a lower grade to a higher grade as to not divulge the prior conviction.
In this case a special information must be filed by the DA charging that the defendant was charged with such previous conviction.
It (MAY/MAY NOT) be referred to during trial.
as a felony….. MAY NOT
200.60- Indictment; allegations of previous convictions prohibited
- After the trial begins but before the close of the people’s case, the court in the absence of the jury must arraign the defendant upon such special information and inform him he may admit it, deny it, or remain mute
- If he admits prior conviction,then the higher offense is established,the case is submitted to the jury _____________ of the prior conviction
- If he denies or remains mute, then that element of the offense may go before the jury to determine if previous conviction occurred, except for__________
- Jury must first decide if new __________ occurred first, and then determine previous __________
without their knowledge……. Murder…… Murder…………
200.60- Indictment; allegations of previous convictions prohibited
This section does not affect Grand Juries need to determine prior conviction in order to submit a ______________ case
Legally sufficient
200.61 - Indictment; special information for operators of for-hire vehicle (AT)
- Generally, in an indictment alleging offense against a for-hire vehicle operator, the DA must file a special information with the court.
- At trial, if the defendant admits that the alleged victim was an operator of a for-hire vehicle, the allegation shall be deemed established.
- If the defendant denies or remains mute, people may prove allegations as part of their case.
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200.62 Indictment; special information for child sexual assault offender (AT)
- Generally, DA may file special information to accompany indictment of a child sexual assault offender where victim was less than __________ at time of offense.
- At trial, if the defendant admits that the victim was less than __________, the allegation shall be deemed established.
- If the defendant denies or remains mute, people may prove the allegation as part of their case.
15………. 15
200.63 - Indictment; special information for aggravated family offense (AT)
- Special information for aggravated family offenses is required where there was a prior offense during a specified time period.
- Court may allow the defendant to withdraw a guilty plea upon successful completion of_________treatment.
alcohol and substance abuse
200.65 - Indictment; special information for enterprise corruption and criminal possession or use of a biological weapon or chemical weapon (AT)
This section deals with special information for enterprise corruption and criminal possession or use of a biological weapon or chemical weapon.
That’s what I call a big yikes!
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200.70 - Indictment; amendment of
At any time before or during trial the court may upon application of the people and with notice to the defendant with an opportunity to be heard, order amendment to the indictment only with respect to errors of:
FTP
- form
- time
- place
200.70 - Indictment; amendment of
Amendments cannot change the ___________ or tend to prejudice the defendant on the merits
theory of prosecution
200.70 - Indictment; amendment of
An indictment may not be amended in any respect when it changes the theory of prosecution as reflected in the evidence before the grand jury,nor may an indictment or SCI be amended to cure:
- Failure to _________________an offense
- _________________ of the factual allegations
- Misjoinder of ______________ or
- Misjoinder of ______________
Charge or state ………. Legal insufficiency ……….. offenses……… defendants
200.80 Indictment- Indictment; superseding indictments
- At any time before a ___________________ ,if another indictment is filed in the same court charging a defendant with an offense charged in the first indictment,upon the arraignment of the second indictment the count of the first indictment MUST be dismissed by the court.
- The first indictment is not superseded however with respect to any count in the first indictment not charged within the second. Superseding indictments can even supersede SCI’s
plea of guilty or commencement of trial
200.95 - Indictment; bill of particulars
bill of particulars
It is a written statement by the prosecutor, specifying items of ______________ not recited in the indictment, think of it as an elaboration of the charges
factual information
200.95 - Indictment; bill of particulars
The request for a Bill of Particulars is served on the prosecutor by the defendant (WITH/WITHOUT) leave of the court.
It must specify the items of factual information desired and allege the defendant cannot prepare or conduct ___________ without it.
WITHOUT……. a defense
200.95 - Indictment; bill of particulars
A timely request for the Bill by the defendant must be served within ___________ from arraignment and before commencement of trial.
- Time may be extended for the defendant to acquire counsel. The 30 day clock will commence when counsel appears
- The prosecutor then has ___________ to respond with the bill
- The prosecutor can refuse to comply if it is felt that the items requested in the bill are inappropriate. Such refusal must be in writing and made within _______________ of such request.
THIRTY(30) DAYS………. FIFTEEN (15) DAYS …………FIFTEEN (15) DAYS
200.95 - Indictment; bill of particulars
The court can order the prosecutor to _____________ with the defendant’s demand for bill of particulars.
- The defendant can then seek an adjournment to be able to prepare a better defense
comply
200.95 - Indictment; bill of particulars
The bill can be amended ________ as long as there is no prejudice to defendant
during trial
200.95 - Indictment; bill of particulars
What are the three numbers to remember for bill of particulars?
Remember - 30/15/15
