CPL 210 Flashcards
CPL 210.05
The two methods of prosecuting an offense in a superior court are by: 1.
indictment (filed by a grand jury) and 2.
_______________________________.
Superior court information (filed by DA)
CPL 210.15
At arraignment upon an indictment, unless court makes a final disposition
at arraignment, court must issue a ______________ order which releases
defendant on his own recognizance, fixes bail, or commits him to custody
of sheriff for his future appearance in such action.
Securing
CPL 210.10
How many days notice of time and place of arraignment upon an
indictment be given to a defendant at liberty?
2 days notice
CPL 210.30
A motion to inspect the grand jury minutes is a motion made by the
_____________.
Defendant
CPL 210.35
An indictment is defective if fewer than _______ jurors concurred in the finding.
12
CPL 210.35
Indictment is defective if proceeding was conducted by fewer than
_______ grand jury members
16
CPL 210.20
The court must direct that counts against a person under 16 who is not
criminally responsible due to infancy be removed to FC, pursuant to CPL
_________.
CPL 725
CPL 210.10
Where an action was commenced in LCC, court must give at least _____
days notice of time and place of arraignment on an indictment to attorney
for defendant, defendant at liberty, any surety, or other who posted cash
bail.
A. 2 B. 3 C.4 D. 7
A. 2 days
CPL 210.20
Upon dismissing an indictment as defective, not legally sufficient, or
because the grand jury was not legally sufficient, or dismissal of
indictment in the interests of justice, the court may upon the application
of the people authorize the people to submit the charge(s) to:
A. the same grand jury only
B. a different grand jury only
C. to the same or different grand jury
D. the court of appeals
C. to the same or different grand jury
CPL 210.20
Choose the best answer:
The court must direct that counts against a person under _______ who is
not criminally responsible be removed to the FC.
A. 13
B. 14
C. 16
D. 18
C.16
CPL 210.30
A motion to inspect the grand jury minutes is a motion by the
____________ requesting an examination by the court and defendant to
the stenographic minutes of the grand jury proceeding to determine
whether the evidence before the grand jury was legally sufficient to
support the charge(s) contained in the indictment.
A. court
B. people
C. complainant
D. defendant
D. Defendant
CPL 210.45
Which of the following choices (A,B,C or D) is the best answer?
Motion to dismiss or reduce an indictment (CPL210.20) may in
certain cases be denied or granted without a hearing. If hearing is
held, defendant has burden of proving facts of the motion by
preponderance of the evidence.
Court MUST GRANT motion WITHOUT a hearing if:
A. motion alleges that grand jury proceeding did not substantially
conform to requirements in CPL 200, and
B. ground is supported by sworn allegations of all essential facts to
support the motion, and
C. grounds are conceded by the people or supported by
unquestionable documentary proof.
D. all (A,B, and C) are correct.
D. ALL 3 ARE CORRECT
CPL 210.45
Which of the following choices (A,B,C or D) is the best answer?
Motion to dismiss or reduce an indictment (CPL210.20) may in certain
cases be denied or granted without a hearing. If hearing is held, defendant
has burden of proving facts of the motion by preponderance of the
evidence.
Court MUST DENY motion WITHOUT a hearing if:
A. motion papers do not allege ground sufficient for motion under CPL
210.20, or
B. moving papers do not contain sworn allegations of essential facts, or
C. all allegations are refuted by unquestionable documentary proof.
D. all (A,B and C) are correct
D. all (A,B and C) are correct
CPL 210.45
The determination at a hearing to dismiss and indictment must be based
on:
A. reasonable cause to believe
B. preponderance of the evidence
C. proof beyond a reasonable doubt
D. none of the above
B. Preponderance of the evidence
