CPL 260

Question 1

In the trial of an indictment, the defendant MUST deliver a closing statement.

T / F

Answer 1

Fales
CPL 260.30
At the conclusion of the evidence in a jury trial, the defendant MAY deliver a summation to the jury.

Question 2

In a trial of an indictment, the trial cannot proceed unless the defendant is present in the court room.

T / F

Answer 2

False
CPL 260.20
A defendant MUST be personally present during the trial of an indictment; provided, however, that a defendant who conducts himself in so disorderly and disruptive a manner that his trial cannot be carried on with him in the courtroom** if, after he has been warned by the court that he will be removed if he continues such conduct, he continues to engage in such conduct.

Question 3

The people and the defendant MAY or MUST deliver a summation to the jury?

Answer 3

The people and the defendant MAY deliver a summation to the jury.
CPL 260.30

Question 4

Which of the following three statements are correct?
1. A defendant MAY waive a jury trial in all cases.
2. A defendant MAY NOT waive a jury trial in some cases.
3. A defendant MAY NOT waive a jury trial for a class B felony.

A. 1 only
B. 2 & 3 only
C. 3 only
D. 2 only

Answer 4

D
A defendant MAY NOT waive a jury trial if the charge is murder in the first degree.
CPL 260.10

Question 5

Which of the following statements is false? At the conclusion of evidence:
A the defendant MAT deliver a summation to the jury.
B. the people MAY deliver a summation to the jury.
C. the court MAY then deliver a charge to the jury.
D> the jury MUST retire and deliberate and, if possible, render a verdict.

Answer 5

State C is false.
CPL 260.30
The court MUST then deliver a charge to the jury.

Question 6

Which of the following statements is false? In a jury trial:
A. The people MUST offer evidence in support of indictment.
B. The defendant MAY offer evidence in his defense.
C. The people MUST offer evidence in rebuttal.
D. The defendant MAY deliver a summation to the jury.

Answer 6

Statment C is false.
CPL 260.30
The people MAY offer evidence in rebuttal.

Question 7

GENERALLY, a defendant MAY waive a jury trial except where the charge is _____.

Answer 7

GENERALLY, a defendant MAY waive a jury trial except where the charge is murder in the first degree.
CPL 260.10

Question 8

The people MAY or MUST offer evidence in support of the indictment?

Answer 8

The people MUST offer evidence in support of the indictment.
CPL 260.30

Question 9

Which of the following statements relating to a jury trial is false?
A. The jury MUST be selected and sworn in.
B. The court MUST deliver preliminary instructions to the jury.
C. The people MUST deliver an opening address to the jury.
D. The defendant MUST deliver an opening address to the jury.

Answer 9

Statement D is false.
CPL 260.30
The defendant MAY deliver an opening address to the jury.

Question 10

Which of the following statements is correct? In a trial of indictment, a defendant may:
a. waive a jury trial except for class A and B felonies;
b. waive a jury trial in all cases;
c. waive a jury trial except where the charge is murder in the first degree;
d. waive a jury trial except where the charge is an A, B, or C felony.

Answer 10

In a trial of indictment, a defendant MAY waive a jury trial where the charge is murder in the first degree.
CPL 260.10

Question 11

The people MAY or MUST deliver an opening address to the jury?

Answer 11

The people MUST deliver an opening address to the jury.
CPL 260.30

Question 12

If a defendant is disruptive in a courtroom, he may be removed and the trial shall continue.

T / F

Answer 12

False
CPL 260.20
A defendant must be personally present during the trial of an indictment; provided, however, that a defendant who conducts himself in so disorderly and disruptive a manner that his trial cannot be carried on with him in the courtroom if, after he has been warned by the court that he will be removed if he continues such conduct, he continues to engage in such conduct.