CPL 260 through 390

Question 1

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

Answer 1

False

Question 2

CPL 260.20 T/F? In a trial of an indictment, trial cannot proceed
unless defendant is present.

Answer 2

false

Question 3

CPL 260.20 T/F? If a defendant is disruptive in a courtroom, he may
be removed and the trial shall continue

Answer 3

False- he must be warned this would happen first

Question 4

CPL 260.30 The people MAY or MUST deliver an opening address to
the jury?

Answer 4

MUST

Question 5

CPL 260.30 The people MAY or MUST offer evidence in support of the indictment?

Answer 5

MUST

Question 6

CPL 260.30 The people and defendant MAY or MUST deliver a
summation to the jury?

Answer 6

MAY

Question 7

CPL 260.10 Generally, a defendant may waive a jury trial EXCEPT
where charge is________

Answer 7

murder in the first degree

Question 8

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 charge is murder in the first
degree.
D. waive a jury trial except where the charge is A, B or C felony.

Answer 8

C

Question 9

Which of the following statements relating to a jury trial is false?
A. The jury must be selected and sworn.
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

D

Question 10

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

Answer 10

C (CPL 260.30)

Question 11

Which of the following statements is false? At the conclusion of
evidence:
A. the defendant may 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 11

C (CPL 260.30)

Question 12

Which of the following 3 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 B felony.
A. 1 only B. 2 & 3 only C. 3 only D. 2 only

Answer 12

D (CPL 260.10)

Question 13

CPL 270.05 A jury in the trial of an indictment consists
of___________ jurors.

Answer 13

12

Question 14

CPL 270.10 A challenge to the entire panel of jurors may be made
only by the____________

Answer 14

defendant

Question 15

CPL 270.15 Who must use their peremptory challenges first: the
people or the defendant?

Answer 15

the people

Question 16

CPL 270.25 Number of peremptory challenges .where the charge is
a D felony is_______.

Answer 16

10 for each side

Question 17

CPL 270.25 Number of peremptory challenges where highest crime
charged is A felony is ________

Answer 17

20 peremptory challenges

Question 18

CPL 270.25 T/F?, In a trial of an indictment, a peremptory
challenge must be allowed if the majority of defendants join in the
challenge.

Answer 18

true

Question 19

PL 270.30 The maximum number of alternate jurors in the trial
of an indictment is __________

Answer 19

6

Question 20

CPL 270.35 Once a jury has started its deliberations in the trial of
an indictment, the permission of the________ is needed for a
discharged juror to be replaced.

Answer 20

the defendant

Question 21

CPL 270.50 T/F? When a jury views a premises, the defendant
must be present.

Answer 21

False

Question 22

CPL 270.50 T/F? When a jury views a premises, a court officer
must be present.

Answer 22

false

Question 23

Which of the following is false? In a trial of an indictment, each
side has the following peremptory challenges:
A. Class A felony: 20 for regular jurors; 2 for each alternate.
B. B or C felony: 10 for regular jurors; 2 for each alternate.
C. Other than A, B and C felony: 10 for regular jurors; 2 for each
alternate.
D. D felony: 10 for regular jurors; 2 for each alternate.

Answer 23

B

Question 24

In a criminal case, when two or more defendants are tried jointly,
the number of peremptory challenges:
A. is multiplied by the number of defendants. B. is increased as per
order of the court.
C. increases for regular jurors, but remains the same for alternate
jurors.
D. remains the same.

Answer 24

D (CPL 270.25)

Question 25

The maximum number of alternate jurors in the trial of an
indictment is:
A. 2
B. 12
C. as directed by court, but not more than 6
D. as directed by court, but not more than 4

Answer 25

C (CPL 270.30)

Question 26

If the trial jury has begun its deliberations and one of jurors
cannot continue:
A. the court may on its own motion replace the juror.
B. the court may replace the juror if the DA consents.
C. the court may replace the juror if the defendant consents.
D. the court must declare a mistrial.

Answer 26

C (CPL 270.35)

Question 27

Which of the following relating to a jury viewing of premises is
not correct?
A. Jury must be kept together throughout.
B. Jury must be under the supervision of appropriate public servants
appointed by the court.
C. Prosecutor, defendant, and counsel may as a matter of right be
present.
D. Court may be present throughout.

Answer 27

D (CPL 270.50)

Question 28

CPL 280.20 T/F? Upon a new trial, following a mistrial, indictment
is deemed to contain all counts it contained at start of trial, regardless
of whether any count was thereafter dismissed by court prior to
mistrial.

Answer 28

True

Question 29

CPL 280.10 Court MUST declare a mistrial upon a motion of either
party or on its own motion when___________

Answer 29

-it is physically impossible to proceed with the trial in conformity with
law.

Question 30

CPL 280.20 On a new trial, following a mistrial declared when it is
physically impossible to proceed in conformity with law, the
indictment is deemed to contain____________

Answer 30

ALL the counts that it contained at the start of the trial.

Question 31

The court can declare a mistrial and order a new trial:
A. only before conclusion of people’s case.
B. only before conclusion of defendant’s case.
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C. only before summation by people.
D. at any time during trial under certain circumstances

Answer 31

D (CPL 280.10)

Question 32

Upon a new trial from an order declaring a mistrial, the indictment
is deemed to contain:
A. all the counts it contained at the time previous trial was
commenced.
B. all the counts not dismissed during trial ended by order of mistrial.
C. all the counts listed in judges order of mistrial. D. all the counts
originally contained in felony complaint used for indictment.

Answer 32

A (CPL 280.20)

Question 33

CPL 300.30 Types of counts where guilty of the offense charged in
one necessarily negates guilt of the offense charged in the other are
known as___________counts.

Answer 33

inconsistent

Question 34

CPL 300.30 CONCURRENT COUNTS are two or more counts upon
which concurrent ___________ may be imposed.

Answer 34

sentences

Question 35

CPL 300.40, Every count not submitted to the jury is
deemed______________

Answer 35

to have been dismissed by the court

Question 36

CPL 300.50, Verdict of guilty to a lesser included offense is
deemed______of every greater offense submitted.

Answer 36

an acquittal

Question 37

Which of following choices relating to the following two
statements is correct?
a. A count not submitted to the jury is deemed dismissed by the court.
b. If indictment contains 2 inconsistent counts, court must submit both
counts.
A. only a is correct.
B. only b is correct
C. both a & b are correct
D. both a & b are false

Answer 37

A (CPL 300.40(5) and 300.40(7))

Question 38

When guilty of offense charged in one count negates guilt of
offense charged in other, counts are said to be:
A. consecutive or conclusory counts.
B. concurrent counts or conclusory counts
C. inclusory concurrent counts.
D. inconsistent counts

Answer 38

-D (CPL 300.30)

Question 39

With respect to requests to charge, which of the following
statements is false?
A. The parties may submit requests to charge in writing.
B. The parties may submit requests to charge orally.
C. The court may rule promptly upon each request.
D. Failure of court to rule on request is deemed a denial thereof.

Answer 39

C (CPL 300.10) MUST rule promptly

Question 40

Which of the following is not a fundamental legal principle
applicable to criminal cases?
A. presumption of defendant’s innocence. B. requirement that jury not
speculate concerning sentence or punishment.
C. requirement that defendant testify in his own behalf.
D. requirement that guilt be proved beyond a reasonable doubt

Answer 40

C (CPL 300.10)

Question 41

CPL 310.10 T/F? A jury may deliberate in a place inside the
courtroom.

Answer 41

false

Question 42

CPL 310.20 Upon retiring to deliberate the jurors may take with
them_________

Answer 42

-any exhibits received in evidence at the trial which the court after
according the parties an opportunity to be heard permits them to
take.

Question 43

CPL 310.20 T/F? The defendant must be present if court gives
jurors additional instructions or information.

Answer 43

True

Question 44

CPL 310.30 When may a Judge give copies of a statute to the jury?

Answer 44

IF jury requests AND parties consent

Question 45

CPL 340 Who must be present in the courtroom when the
foreperson announces the verdict?

Answer 45

the court, a prosecutor, the defendant’s counsel, and the defendant.

Question 46

CPL 310.80 T/F? After a verdict has been rendered jurors must be
individually asked if such is their verdict.

Answer 46

False. collectively asked (Must be individually asked if there is a
request by either side that jury be polled.).

Question 47

CPL 310.80 If the court orders that a verdict be replaced by a JD
fact determination the court must order the action removed to the
family court pursuant to______________

Answer 47

CPL 725

Question 48

Upon retiring to deliberate jurors may take with them exhibits
received in evidence at the trial which:
A. the court, after hearing both attorneys, permits the jurors to take.
B. were also marked for identification.
C. the defendant and the people do not object to.
D. a majority of the jurors demand to take into the jury roo

Answer 48

A (CPL 310.20)

Question 49

The jurors may take with them a copy of any statute if:
A. jury demands and there is no objection by either side. B. jury asks
for it and both sides and court consent C. jury asks for it and
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defendant and court consent. D. jury asks for it and the statute is NYS
law.

Answer 49

B(CPL310.30)

Question 50

If the court accepts a verdict which is defective or incomplete
because the jury did not render a verdict upon every count such
verdict is deemed an acquittal upon every count
A. submitted to the jury.
B. not submitted to the jury.
C. improperly ignored in the verdict.
D. none of the above

Answer 50

C (CPL 310.50)

Question 51

Which is false? Deliberating jury may be discharged by court
without having rendered a verdict when:
A. jury deliberated extensively, and court decides to discharge jury. B.
a mistrial is declared pursuant to 280.10. C. court, defendant, and
people all consent to such discharge. D. jurors do not wish to continue
deliberations.

Answer 51

D(CPL310.50)

Question 52

Which of the following is correct? After a verdict has been
rendered:
A. it does not have to be recorded in the minutes. B. the jurors must
be immediately discharged C. jurors must be collectively asked if such
is their verdict. D. jurors are not required to be present in courtroom
when verdict is read.

Answer 52

C (CPL 310.70)

Question 53

Which of the following statements regarding jury deliberations is
false?
A. Jury retires to deliberate following court’s charge. B. Jury must
deliberate in a place outside courtroom C. The jury must be kept
continuously together. D. Court officer(s) must supervise the jurors.

Answer 53

D(CPL310.10)

Question 54

CPL 320.10 A defendant may waive a jury trial except where
indictment charges ______

Answer 54

murder in the first degree

Question 55

CPL 320.20 T/F? In a single judge trial of an indictment opening
and closing statements are discretionary with the judge.

Answer 55

False. Judge must allow opening and closing statements

Question 56

CPL 320.20 T/F? The order of trial is the same as in a jury trial of
an indictment.

Answer 56

True

Question 57

Which of the following is correct? A waiver of a jury trial must:
A. be done orally.
B. be signed by the people in open court.
C. be with the approval of the court.
D. None of the above are correct.

Answer 57

C. (CPL 320.10)

Question 58

In a non-jury trial of an indictment:
a. Court must permit opening addresses by parties.
b. Court must permit summations by parties.
A. Only a is correct. B. Only b is correct.
C. Both a & b are correct D. Both a & b are incorrect.

Answer 58

C (CPL 320.20)

Question 59

A defendant may waive a jury trial:
1. for all Class A and Class B misdemeanors 2. for all felonies defined in
the Penal Law
3. for all felonies except where the charge is murder in the first
degree.
A. 1 only
B. 1& 2 only
C. 1 & 3 only
D. 2 & 3 only

Answer 59

C (CPL 320.10)

Question 60

CPL 330.20 Dangerous mental disorder means that defendant is
mentally ill and___________

Answer 60

is a risk to himself and others

Question 61

CPL 330.20 A commitment order is for a period of _________

Answer 61

6 months

Question 62

CPL 330.20 A first retention order is for a maximum period of____

Answer 62

one year

Question 63

CPL 330.20 Second retention order and subsequent retention
order are up to maximum period of ___________

Answer 63

2 years

Question 64

CPL 330.20 An order of conditions is valid for a period of ___ years
and can be extended an additional___ years.

Answer 64

5 ….. 5

Question 65

Which of the following orders is paired incorrectly with its
definition?
A. Examination order: orders a defendant to submit to a psychiatric
examination.
B. commitment order: confinement in a secure facility for 6 months
from date of order.
C. first retention order: up to 6 months detention
D. second retention order up to 2 years detention

Answer 65

C (CPL 330.10)

Question 66

Which of the following orders is paired incorrectly with its
definition?
A. subsequent retention order: up to two years detention
B. furlough order up to 30 days leave from facility
C. transfer order: transfer from a secure to non-secure facility
D. release order: terminates defendant’s in-patient status without
terminating the commissioner’s responsibility for the. defendant.

Answer 66

B (CPL 330.10)

Question 67

Order of conditions: valid for ____years and may be extended by
the court for ____years for good cause shown (directs defendant to
comply with prescribed treatment plan or if defendant is in custody
not to leave the facility without authorization).
A. 1 …1
B. 3…3
C. 5….10
D. 5….5,

Answer 67

D (CPL 330.10)

Question 68

Upon the entry of a verdict of not responsible by reason of mental
disease or defect or acceptance of a plea of not responsible by reason
of mental disease or defect, the court MUST:
A. unconditionally discharge defendant from custody.
B. issue an examination order.
C. release defendant on his own recognizance or order bail.
D. None of the above

Answer 68

B (CPL 330.10)

Question 69

CPL 340.20 T/F? A plea to an information must be entered orally in
person.

Answer 69

False

Question 70

CPL 340.20 A plea to an information against a corporation must be
entered by _________

Answer 70

counsel

Question 71

CPL 340.40 T/F? Defendant charged with a misdemeanor is in all
cases entitled to a jury trial-

Answer 71

False. In NYC entitled to jury trial only if misdemeanor sentence is
more than 6 months

Question 72

CPL 340.40 T/F? Defendant who is DISRUPTIVE may be ordered
removed by court and trial will continue.

Answer 72

-False. A defendant who is disruptive AND IS WARNED and then is
disruptive again may be removed.

Question 73

A defendant who conducts himself in so disorderly and disruptive
a manner that his trial cannot be carried on with him in the
courtroom:
A. may be removed from the courtroom & the trial will proceed.
B. may be declared guilty.
C. must be held for psychiatric examination. D. may be removed from
courtroom if previously warned by the court.

Answer 73

-D (CPL 340.50)

Question 74

Which of following statements relating to local criminal courts is
false?
1. Generally defendant must be present at trial. 2. Trial of a youthful
offender eligible youth shall not be a single judge trial.
3. All LCC trials must be single judge trials.
A. 1 & 3 only
B. 1, 2 & 3
C. 1 only
D. 2 & 3

Answer 74

D. CPL 340.40)

Question 75

Which of the following statements relating to LCC proceedings is
false? 1. A plea to an information may in certain cases be entered by
counsel. 2. A plea to an information against a corporation must be
entered by counsel. 3. Generally, a plea to an information against a
person is entered by person. 4. President of a corporate defendant
may enter a plea for the corporation.
A. 1 & 4 only
B. 4 only
C. 2 & 3 only
D. 1 only

Answer 75

B (CPL 340.20)

Question 76

CPL 350.10 T/F? In a non jury trial in a LCC the court must allow
opening statements.

Answer 76

false

Question 76

A defendant charged with a misdemeanor in a LCC: 1. must have a
single judge trial.
2. may not waive a jury trial in some cases.
3. is not entitled to a jury trial in some cases.
A. 2 only
B. 2 & 3 only
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C. 1 only
D. 3 only

Answer 76

D (340.40)

Question 77

CPL 350.20 T/F? A JHO may be assigned to conduct any trial in a
LCC.

Answer 77

False. Not when the charges include an A misdemeanor.

Question 78

Which of the following statements relating to a non jury trial in a
LCC is false?
A. The order of evidence is different from that in a jury trial of an
indictment. B. The court must render a verdict upon each count not
previously dismissed. C. The court must consider the case and render
a verdict D. The court in its discretion may permit parties to deliver
summations.

Answer 78

A (CPL 350.10)

Question 79

Which of the following relating to trial by a judicial hearing officer
in a LCC is false?
A. JHO determines all questions of law.
B. JHO acts as exclusive trier of all issues of fact
C. JHO must render a verdict.
D. JHO trial must occur upon motion of defendant.

Answer 79

D (CPL 350.20)

Question 80

Which of the following statements relating to non jury trials in a
LCC is false? A. The judge determines all questions of law.
B. The judge is the exclusive trier of all issues of fact.
C. The court may render a verdict.
D. The court may permit opening addresses and may permit closing
statements.

Answer 80

C (CPL 350.10)

Question 81

CPL 360.10 A trial jury in a LCC consists of______jurors.

Answer 81

6

Question 82

CPL 360.15 A challenge to the entire panel of jurors must be made
before ___________

Answer 82

jury selection begins.

Question 83

CPL 360.15 A challenge to the entire panel of jurors may be made
only by _______________

Answer 83

the defendant

Question 84

CPL 360.15 T/F? Challenge to entire panel of jurors may be made
orally if time doesn’t permit written challenge.

Answer 84

False. Challenge must be made in writing.

Question 85

CPL 360.30 In a LCC trial how many peremptory challenges are
allowed for the people?
All the defendants combined.

Answer 85

3… 3

Question 86

CPL 360.35 In a LCC trial ____peremptory challenge(s) is/are
allowed in the selection of the alternate jurors.

Answer 86

1

Question 87

A challenge to the entire panel of jurors may be made by the:
A. defendant B. the people only C. the court only D. the people or the
court

Answer 87

A (CPL 360.15)

Question 88

Peremptory challenges allowed in a lower criminal case are:
A. 3 per party (if 2 or more defendants they are treated as one party).
B. 3 per party (if 2 or more defendants, each gets 3 peremptory
challenges).
C. a minimum of 3 per party, plus additional challenges granted by the
judge.
D. a maximum of 6 per side.

Answer 88

A (CPL 360.30)

Question 89

The maximum number of alternate jurors allowed in a LCC case
is:
A. 1
B. 2
C. 3 if the court allows
D. 6, if court allows.

Answer 89

B

Question 90

A jury trial in a LCC consists of______ jurors.
A. 6 B. 8 C. 12 D. 16

Answer 90

A (CPL 360.10)

Question 91

CPL 380.30 T/F? The court may not sentence the defendant at
the time conviction is entered.

Answer 91

False. May if pre-sentence report or fingerprint report is not required,
or if required has been received.

Question 92

CPL 380.30 T/F? If after the court sets the date for pronouncing
sentence it decides to have a pre-sentence proceeding, notice of such
a proceeding automatically adjourns the date for pronouncing
sentence.

Answer 92

True

Question 93

CPL 380.40 T/F? Except where the defendant is a corporation,
the defendant must always be present at the time sentence is
pronounced.

Answer 93

False. For misdemeanor or petty offense, court may upon motion of
defendant dispense with requirement that defendant be present

Question 94

CPL 380.60 In general the document that serves as the authority
for the execution of sentence and serves as the order of conviction is
__________

Answer 94

Certificate of Conviction

Question 95

CPL 380.70 Where there is an indeterminate or determinate
sentence, a certified copy of minutes of sentence must be delivered to
person in charge of institution within ____days from date sentence
was imposed

Answer 95

30

Question 96

Choose the best answer. The court may sentence the defendant
at the time of conviction:
A. in all cases.
B. if a pre-sentence report or a fingerprint report is required.
C. where any such report is required the report has been received.
D. both B and C are correct.

Answer 96

C (CPL 380.30)

Question 97

Choose the best answer. With reference to sentencing:
A. In general the defendant need not be present at time sentence is
pronounced.
B. Sentence may be pronounced against a corporation in absence of
counsel.
C. Both A & B are correct. D. Both A & B are incorrect

Answer 97

B (CPL 380.40)

Question 98

The authority for the execution of a sentence is: A. certificate of
disposition of judgment.
B. transcript of judgment.
C. certificate of conviction.
D. transcript of disposition of judgment.

Answer 98

C

Question 99

Where an indeterminate reformatory or alternative local
reformatory sentence is imposed, a certified copy of minutes of
sentence proceedings must be delivered to institution within____days
from date sentence was imposed.
A. 10 B. 15 C. 30 D. 45

Answer 99

c

Question 100

CPL 390.15 T/F? Where a defendant is convicted of a felony sex
offense, disclosure of HIV testing results shall be made to the court.

Answer 100

false

Question 101

CPL 390.15 Generally, request for HIV testing must be made
within _____days after entry of defendant’s conviction.

Answer 101

10

Question 102

CPL 390.20 T/F? A pre-sentence report is required where a
person is convicted of a misdemeanor for a term of 180 days or more

Answer 102

False. for a term in EXCESS of 180 days.
Note: It’s got to be excess of 180, not 180!

Question 103

CPL 390.40 The prosecutor’s pre-sentence memorandum must be
served on defendant’s attorney at least ___ days prior to the date of
sentence.

Answer 103

10

Question 104

CPL 390.50 Pre-sentence report must be made available to
defendant, defendant’s attorney, and prosecutor not less than
___court day(s) prior to sentencing.

Answer 104

1

Question 105

CPL 390.60 T/F? Copy of pre-sentence report must accompany
the defendant to the correctional facility.

Answer 105

True

Question 106

Unless waived by the parties, a pre-sentence report must be
made available by the court to____not less than 1 day prior to
sentencing., A. defendant’s attorney, defendant (if no attorney) and
prosecutor only B. court, defendant’s attorney, defendant (if no
attorney) and prosecutor only C. defendant and defendant’s attorney
only D. prosecutor and defendant’s attorney only

Answer 106

A (CPL 390.50)

Question 107

A pre-sentence report must be ordered when a person is
convicted of misdemeanor(s) for which the following sentence will be
imposed: A.
A sentence of probation. B. Aggregate sentences totaling more than 60
days.
C. Both A and B.
D. Neither A nor B.

Answer 107

A (CPL 390.20)

Question 108

Which of the following statements is correct?
A. Court may order a pre-sentence report in any case.
B. Court must order a pre-sentence report in a misdemeanor
conviction.
C. Court may order pre-sentence report in felony convictions.
D. None of the above.

Answer 108

A (CPL 390.20)

Question 109

Choose the best answer. In any case where a defendant is
convicted of a felony, the court:
A. may order a pre-sentence investigation.
B. must order a pre-sentence investigation.
C. may pronounce sentence prior to receipt of pre-sentence report.
D. both A and C are correct.

Answer 109

B (CPL 390.10)