CPL 200 Flashcards
An indictment MAY NOT charge a petty offense.
T / F
False
An indictment MUST charge at least one crime and MAY, in addition, charge in separate counts one or more other offenses, including petty offenses, provided that all such offenses are joinable pursuant to the principles prescribed in subdivision two.
CPL 200.20.1
An indictment MUST contain the signature of the foreman or acting foreman and the signature of ____________.
An indictment MUST contain the signature of the foreman or acting foreman of the grand jury, except where the indictment has been ordered reduced pursuant to subdivision one-1 of section 210.209 of this chapter or the accusatory instrument is a superior court information; and the signature of the district attorney.
CPL 200.50.8 & 9
An indictment MAY be amended to correct a misjoinder of offenses or defendants.
T / F
False
An indictment MAY NOT be amended to correct a misjoinder of offenses or defendants.
CPL 200.70.1
At any time before or during trial, the court may, upon application of the people and with notice to the defendant and opportunity to be heard, order the amendment of an indictment with respect to defects, errors or variances from the proof relating to matters of form, time, place, name of persons and the like, when such an amendment does not charge the theory or theories of the prosecution as reflected in the evidence before the grand jury which filed such indictment, or otherwise tend to prejudice the defendant on the merits.
The two accusatory instruments of the superior court are:
A) felony complaint and indictment;
B) summons issued by the superior court and indictment;
C) indictment and superior court warrant of arrest; or
D) indictment and superior court information.
D
The two accusatory instruments of the superior court are an indictment and a superior court information.
CPL 200.10 & 200.15
Choose the best answer.
A request for a bill of particulars on an indictment:
A) is served by the people on the defendant;
B) SHALL NOT be made without leave of the court;
C) both A and B are correct; or
D) both A and B are incorrect.
D
A request for a bill of particulars on an indictment is NOT served by the people on the defendant and SHALL BE made without leave of the court.
CPL 200.95.1(b)
A request for a bill of particulars is a written request served by defendant upon the people, without leave of the court.
An indictment MAY NOT be amended for any of the following reasons:
1. A misjoinder of offenses;
2. Legal insufficiency of the factual allegations;
3. A failure to charge or state an offense; and
4. A misjoinder of defendant’s.
A) 1, 3, and 4 only.
B) 1, 2, 3, and 4.
C) 1, 2, and 3 only.
D) 2 and 3 only.
B.
An indictment MAY NOT be amended for any of the following reasons:
A misjoinder of offenses;
Legal insufficiency of the factual allegations;
A failure to charge or state an offense; and
A misjoinder of defendants.
CPL. 200.70.1
At any time before or during trial, the court may, upon application of the people and with notice to the defendant and opportunity to be heard, order the amendment of an indictment with respect to defects, errors or variances from the proof relating to matters of form, time, place, name of persons and the like, when such an amendment does not charge the theory or theories of the prosecution as reflected in the evidence before the grand jury which filed such indictment, or otherwise tend to prejudice the defendant on the merits.
Which of the following statements are false? An indictment MUST contain:
1. The name of the criminal court where the felony complaint was filed;
2. The title of the action;
3. The signature of the DA;
4. The signature of the foreman of the grand jury;
A) 1 only;
B) 1 and 3 only;
C) 1 and 4 only; or
D) 4 only.
C
An indictment must contain:
The name of the superior court in which it is filed and the signature of the foreman or acting foreman of the grand jury.
CPL
200.50 1 & 8
Choose the best answer. Which of the following statements relating to indictments is true:
A) each count must charge one offense only;
B) an indictment can charge crime(s) only;
C) both A and B are false; or
D) Both A and B are true.
A
Each count of an indictment may charge one offense only.
CPL 200.30.1
An indictment MUST charge at least one crime and MAY, in addition, charge in separate counts one or more other offenses, including petty offenses, provided that all such offenses are joinable pursuant to the principles prescribed in subdivision two.
CPL 200.20.1
Which of the following statements relating to an indictment is incorrect?
A) An indictment is a written accusation by a grand jury;
B) an indictment is filed with a superior court;
C) an indictment charges person(s) with at least one crime; and
D) an indictment shall not charge a petty offense.
D
An indictment MUST charge at least one crime and MAY, in addition, charge in separate counts one or more other offenses, including petty offenses, provided that all such offenses are joinable pursuant to the principles prescribed in subdivision two.
CPL 200.20.1
