CPL 270 Flashcards

1
Q

A jury in the trial of an indictment consists of __ jurors.

A

A jury in the trial of an indictment consists of 12 jurors.
CPL 270.05

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2
Q

A challenge to the entire panel of jurors MAY BE made only by the _____.

A

A challenge to the entire panel of jurors MAY BE made only by the defendant.
CPL 270.10

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3
Q

Who MUST use their peremptory challenges first: the people or the defendant?

A

The people MUST use their peremptory challenges first.
CPL 270.15

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4
Q

Each party MUST BE allowed how many peremptory challenges where the charge is a class A felony?

A

Each party MUST BE allowed 20 peremptory challenges where the charge is a class A felony.
CPL 270.25

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5
Q

Each party MUST BE allowed how many peremptory challenges where the charge is a class D felony?

A

Each party MUST BE allowed 10 peremptory challenges where the charge is a class D felony.
CPL 270.25

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6
Q

In a trial of an indictment, a peremptory challenge MUST BE allowed if the majority of defendants join in the challenge.
T / F

A

True
CPL 270.25

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7
Q

The maximum number of alternate jurors in the trial of an indictment is __.

A

The maximum number of alternate jurors in the trial of an indictment is 6.
CPL 270.30

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8
Q

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.

A

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

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9
Q

When a jury views a premises, the defendant MUST be present.

A

False
CPL 270.50

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10
Q

When a jury views a premises, a court officer MUST be present.

A

False
CPL 270.50

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11
Q

A jury in the trial of an indictment consists of __ jurors.

A

A jury in the trial of an indictment consists of 12 jurors.
CPL 270.05

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12
Q

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

A

B
In a trial of an indictment, for a class B or C felony, each party MUST be allowed 15 peremptory challenges for the regular jurors, and 2 for each alternate jurors to be selected.
CPL 270.25

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13
Q

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.

A

D
In a criminal case, when two or more defendants are tried jointly, the number of peremptory challenges remains the same.
CPL 270.25

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14
Q

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

A

C
The maximum number of alternate jurors in the trial of an indictment is as directed by the court, but no more than 6.
CPLO 270.30

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15
Q

If the trial jury has begun its deliberations and one of the jurors cannot continue:
A. the court MAY on it 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

A

If the trial jury has begun its deliberations and one of the jurors cannot continue, the court may replace the juror if the defendant consents.
CPL 270.35

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16
Q

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

A

D
During a jury viewing of a premises, the court MAY be present throughout.
CPL 270.50