CPL 260 & 270

Question 1

260.10 - Jury trial; requirement thereof.

Except for when a Non Jury trial is allowed, every trial of an indictment must be a __________

Answer 1

Jury Trial.

Question 2

260.20 — Jury trial; defendant’s presence at trial.

A defendant MUST be personally present during the trial of an ______ , except if acting disorderly, and continues to be disorderly even _______, he may be removed from the courtroom

Answer 2

Indictment….. after being warned

Question 3

260.30 — Jury trial; in what order to proceed. (Commit to memory. Imprint on your eyelids. Tattoo across your stomach like I did.)

1. The jury MUST be selected and sworn
2. The court MUST give preliminary instructions to the jury
3. Followed by PUDA (People mUst Defendant mAy — deliver an opening address to the jury and offer of evidence}
4. Followed by DAPA (Defendant mAy People mAy — deliver a summation to the jury)
5. The court MUST then deliver a charge to the jury
6. The jury MUST then retire to deliberate, and if possible render a verdict

Answer 3

xx

Question 4

COL PHIL’S NEW & IMPROVED PUDA DAPA:
JUCU PUDA DAPA CUJU

Answer 4

Jury mUst be selected and sworn

Court mUst deliver preliminary instructions

PUDA DAPA

Court mUst deliver charge

Jury mUst retire, deliberate, and enter verdict if possible

Question 5

270.05 — Formation in general (Superior Court)

A trial jury consists of ________ , but alternate jurors may be selected and sworn

The first ______ selected and not eliminated must be sworn as the trial jury

Answer 5

TWELVE (12) jurors… 12 jurors

Question 6

270.05 — Formation in general

_______ is what governs the panel where jurors are drawn and selected.

Answer 6

Judiciary law

Question 7

270.10 - Challenge to the panel

A challenge to the panel may only be made by the _________ on the ground that there has been a departure from __________ prejudicing the defendant.

Answer 7

Defendant…….. Judiciary law

Question 8

270.10 - Challenge to the panel

A challenge to the panel must be made before the __________ commences or is deemed waived.

Answer 8

selection of the jury

Question 9

270.10 - Challenge to the panel

The challenge must be made _______ setting forth facts which if disputed by the people can result in a __________

Answer 9

in writing …….. hearing

(Think of it like this, the People represent the state where the laws are created, they can’t object to their own process of selection of a panel)

Question 10

270.15 — Examination of jurors general challenges

If a __________ is used for examination of jurors, an official form for this purpose shall be developed by the ______________

Answer 10

Questionnaire…….. Chief administrator of the courts (CAC)

Question 11

270.15 — Examination of jurors general challenges

A _________ can be issued for jurors if it is felt that jury tampering may occur.

Answer 11

protective order

Question 12

270.15 — Examination of jurors general challenges

The juror whose name is first drawn and called MUST be designated as the _________ , no special oath is given

Answer 12

foreperson

Question 13

270.15 — Examination of jurors general challenges

A challenge for cause which is not made________ the juror is __________ as a trial juror is deemed to have been waived, except if such cause is discovered after he is sworn, but before the first trial witness is sworn, such challenge may be allowed by the court

Answer 13

Before…… sworn

Question 14

270.16 -Capital cases, racial bias

In cases where the crime charged is punishable by _______ , Individual jurors may be questioned outside the presence of other jurors on their ability to be qualified jurors and the possibility of ________ on behalf of the juror

Answer 14

Death………. racial bias

Question 15

270.20 - Challenge for cause individual juror

There are six logical grounds for a juror’s challenge for cause

1. The juror does not meet qualifications required under ___________________
2. The juror can’t be _______
3. The juror is related within the _______ degree of consanguinity or affinity to a party of the action, including defendant, victim, witnesses, attorneys, etc. (NOT court employee. Make sure to wave to grandma.)

• • Also if the juror has had any civil actions against any of the above players or any other relationship that would preclude him from rendering an impartial verdict

4. Was or will be a ________ in this case either at preliminary examination, grand jury or trial
5. Served on the __________ involving this case or served on a civil or criminal trial related to this case
6. The juror maintains strong opinions __________ and the crime charges _________, which will result in impartiality on behalf of the juror

Answer 15

judiciary law…….. impartial… sixth….. witness….. Grand Jury… for or against the death penalty….. death

Question 16

270.20 - Challenge for cause individual juror

Challenges in dispute can be tried and can only be considered reversible error if the objecting side had run out of ___________ or used a ________for the juror in question and was then out of ________________

Answer 16

peremptory-challenges……. Challenge……. challenges

Question 17

270.25 - Peremptory challenges of individual juror

Definition — A peremptory challenge is an objection to a prospective juror for which ________ need be assigned. The court MUST then _________ the person challenged

Answer 17

no reason ……..Exclude………

Question 18

270.25 - Peremptory challenges of individual juror (SUPERIOR COURT)

Class A felony

Answer 18

20 for regular jurors + 2 for each alternate

Question 19

270.25 - Peremptory challenges of individual juror (SUPERIOR COURT)

Class B or C felony

Answer 19

15 for regular jurors + 2 for each alternate

Question 20

270.25 - Peremptory challenges of individual juror (SUPERIOR COURT)

All other cases (even misdemeanors)

Answer 20

10 for regular jurors + 2 for each alternate

Question 21

270.25 - Peremptory challenges of individual juror (SUPERIOR COURT)

These total peremptory challenges are for _________, they are to be treated as one party and a challenge will be allowed based on a majority ruling

Answer 21

all defendants

Question 22

270.30 — Alternate jurors

Immediately after the last juror is sworn, the court in its discretion may direct the selection of ________ , but not more than _____ alternate jurors.

Exception for PL125.27 Murder 1st degree, as many alternates as the court deems appropriate

Answer 22

one or more…… six

Question 23

270.30 — Alternate jurors

Alternates are drawn, questioned and selected in the same manner as __________

Answer 23

regular jurors

Question 24

270.30 — Alternate jurors

After the jury begins deliberations, the court must ___________ alternates with the consent of the defendant and the people, or hold on to them with the direction that they are not to discuss the case and to be kept _________________ from regular jurors

Answer 24

discharge ……separate and apart

Question 25

270.30 — Alternate jurors

Where a sentence of _______ is being sought the alternates are not to be discharged and are to be continuously kept together under the supervision of an appropriate public servant until a verdict is rendered

If the verdict is guilty where a ____________ may be imposed, they shall not be discharged and made available for any separate sentencing proceeding pursuant to CPL 400.27

Answer 25

Death……… death penalty

Question 26

270.35 — Discharge of juror

• If it is found a juror is unable to continue serving for illness or other incapacity, engages in misconduct or is otherwise unqualified but not warranting a mistrial, the court (MUST/MAY) discharge such juror.
• If alternates are available the court MUST replace such discharged juror with the alternate whose name was _______ drawn and called
• • If deliberations have begun, then such replacement MUST be with the consent of ___________ in writing, signed by the defendant and in open court

Answer 26

MUST….. first…… the defendant

Question 27

270.35 — Discharge of juror

If the juror being replaced is the _______ then it is the juror whose name was second drawn and called who becomes the new _______, if no alternates are available the court MUST declare a _______

Answer 27

foreperson,……. Foreperson…… mistrial

Question 28

270.35 — Discharge of juror

________ is the time given a juror to appear late for trial before the court can move to discharge such juror.

Answer 28

TWO (2) hours

Question 29

270.35 — Discharge of juror

• Before discharging a juror the court shall afford the parties an opportunity to be ___________
• The reasons for such discharge must be__________

Answer 29

heard. ……..placed on the record

Question 30

270.40 — Preliminary instructions by the court

• The court MUST give ________ to the jury before the people’s ____________
• These include not talking about the case, don’t visit the scene, promptly report any attempts by anyone to influence the jury..etc.

Answer 30

preliminary instructions…………. opening address.

Question 31

270.45 — When separation is permitted

The jury may be allowed to __________ during recesses and adjournments or may be continuously _________ in the care of an appropriate public servant.

This is usually the Court Officer. Such officer cannot ______ any matters relating to the case. “Is weather, sports and politics ok?, | suppose it is”

Answer 31

Separate…. kept together…… discuss

Question 32

270.50 Jury viewing of premises

This field trip may be done in the _________ at any time prior to the commencement of ________________

Answer 32

court’s discretion……… summations.

Question 33

270.50 Jury viewing of premises

The jurors must be ________ by public servant.

Answer 33

kept together

Question 34

270.50 Jury viewing of premises

The court itself (MUST/MAY) be (Judge) present.

Answer 34

MUST

Question 35

270.50 Jury viewing of premises

The DA, defendant and defense counsel (MUST/MAY) as a matter of right be present but such right may be waived.

Answer 35

MAY

Question 36

270.50 Jury viewing of premises

No __________ concerning what was observed is allowed! “Holy cow, look at the size of those bullet holes”…..is a no no.

Answer 36

discussions

Question 37

270.55 — Sentencing jury in capital cases

During the time between the return of a verdict of guilty and the sentencing determination in ________ cases, the jury can either be kept together or allowed to separate under same rules as during trial

Answer 37

Murder