CPL 200

Question 1

CPL 200.10) Which statement is true?
a) An indictment is a written accusation by a district attorney
b) An indictment is used only to charge felonies
c) The term “indictment” includes a Superior Court Information
d) A superior court information is an accusation by the victim of a felony

Answer 1

c) The term “indictment” includes a Superior Court Information

Question 2

CPL 200.20-1) Which statement is true?
a) Two offenses are joinable only when they are based upon the same criminal
transaction
b) Petty offenses cannot be charged in an indictment
c) An indictment may charge a petty offense provided it also charges at least one
crime and the offenses are joinable
d) An application for consolidation of joinable offenses may be granted on
defendant’s application, only if the prosecutor consents

Answer 2

c) An indictment may charge a petty offense provided it also charges at least one
crime and the offenses are joinable

Question 3

CPL 200.30) When a particular offense may be committed in different ways:
a) an indictment may charge the different ways, using a separate count for each
b) the prosecutor must decide and specify the one way in which the offense was
allegedly committed, using only one count for this purpose
c) an indictment may charge the offense in one count without specifying how it
was committed, and the prosecution may prove any method of commission

Answer 3

a) an indictment may charge the different ways, using a separate count for each

Question 4

CPL 200.40) A motion to separate the trial of one defendant from that the
other defendants he is jointly charged:
a) must be granted if made by the prosecution
b) cannot be granted if all offenses charged are based on a common scheme
c) cannot be granted if all such defendants are jointly charged with every offense
alleged
d) can be granted, in the court’s discretion, even if all offenses charged are based
on the same criminal transaction

Answer 4

d) can be granted, in the court’s discretion, even if all offenses charged are based
on the same criminal transaction

Question 5

(CPL 200.50) An indictment must contain:
1. the district attorney’s signature
2. names of the grand jurors
3. name of the superior court in which it is filed
4. the exact date on which the alleged offense was committed
5. a separate accusation or count addressed to each offense charged, if there be
more than one
6. the signature of the grand jury foreman or acting foreman

a) 1, 3, 4 and 5
b) 2, 5 and 6
c) 1, 3, 5 and 6
d) 1, 3, 4, 5 and 6

Answer 5

c) 1, 3, 5 and 6

Question 6

CPL 200.70) Which of the following is true regarding the amendment of an
indictment?
a) No amendments are allowed after arraignment
b) Any amendment may be allowed prior to conclusion of the evidence,
provided defendant is given a reasonable adjournment
c) Matters of form, time, place, names of persons may be amended, before or
during trial, if the amendment does not change the theory of the prosecution
d) Either side may make an amendment

Answer 6

c) Matters of form, time, place, names of persons may be amended, before or
during trial, if the amendment does not change the theory of the prosecution

Question 7

CPL 200.80) Correct as to a second indictment charging a defendant with an
offense charged in a first indictment:
a) Only one indictment is allowed
b) The first indictment is superseded by the second, and upon arraignment on
the second indictment the first one must generally be dismissed
c) Both indictments remain in effect until a motion by the prosecution to dismiss
one is granted
d) A second indictment for an offense previously charged requires a court order
granted on prosecution’s motion

Answer 7

b) The first indictment is superseded by the second, and upon arraignment on
the second indictment the first one must generally be dismissed

Question 8

8. (CPL 200.95-8) With regards to a bill of particulars:
   a) Upon a timely request, the prosecutor shall serve the bill of particulars within
   thirty days
   b) The prosecutor may comply orally with the information requested.
   c) A protective order limiting or conditioning a bill of particulars may not be
   issued except on the prosecutor’s motion
   d) The prosecutor may amend a bill of particulars, without leave of the court, at
   any time before commencement of trial

Answer 8

d) The prosecutor may amend a bill of particulars, without leave of the court, at
any time before commencemen