CPL 280 TO 300.40

Question 1

280.10 — Motion for mistrial

At anytime during trial, the court MUST declare a mistrial and order a new trial of the indictment under the following circumstances:

1. The defendant: Upon motion of the defendant when there occurs some legal ________, _________, or _________ in or out of the courtroom that results in the inability for the defendant to have a fair trial, the court MUST order a mistrial and order a new trial.

• In the trial of multiple defendants, if the motion for mistrial is made as to only one defendant, the court must declare a mistrial as to ____________ , and proceed with trial as to the others

Answer 1

defect, error or event …….. the one defendant only

Question 2

280.10 — Motion for mistrial

At anytime during trial, the court MUST declare a mistrial and order a new trial of the indictment under the following circumstances:

2. The people: Same conditions as to a motion by the people as to _____________ to their case, a mistrial must be granted.
   For multiple defendants, if harm did not affect people’s case as to the one defendant, and such defendant was not the cause of such harm, then the trial will continue as to ____________ , while a mistrial granted for the other

Answer 2

irreparable harm……….that one defendant

Question 3

280.10 — Motion for mistrial

At anytime during trial, the court MUST declare a mistrial and order a new trial of the indictment under the following circumstances:

3. Upon motion of either side or the court on its own motion when it is ____________ to proceed within the conformity of the law

Answer 3

physically impossible

Question 4

280.20 - Status of indictment upon new trial

When a new trial begins after declaring a mistrial, the indictment contains all the counts as they existed at the beginning of the prior trial, even if any counts were _________ during the prior trial

Answer 4

dismissed

Question 5

290.10 Trial order of dismissal.

UPON MOTION OF THE DEFENDANT, at conclusion of people’s case or at conclusion of all the evidence, court may:

1. issue a trial order of dismissal of any count of an indictment (on grounds that evidence is not ___________ to establish offense or any lesser included offense).

• However, a dismissal based upon such ground is __________ on appeal when the trial evidence would have been legally sufficient if the court had not erroneously excluded such admissible evidence offered by the people.
• (An offer of proof is __________ out of the presence of the jury. It is made by the people when the court excludes certain evidence and a possible appeal based upon such ruling is therefore contemplated by the people. The offer of proof becomes part of the record for appeal purposes only.)

Answer 5

legally sufficient …… reversible error…. placed on the record

Question 6

290.10 Trial order of dismissal.

UPON MOTION OF THE DEFENDANT for a Trial order of dismissal, at conclusion of people’s case or at conclusion of all the evidence, court may:

2. reserve decision until after __________________ and accepted by the court.

Answer 6

verdict has been rendered

Question 7

290.10 Trial order of dismissal.

UPON MOTION OF THE DEFENDANT, at conclusion of people’s case or at conclusion of all the evidence, court may:

Upon issuing a trial order of dismissal which dismisses the entire indictment, the court must immediately __________ the defendant from custody if he is in custody of the sheriff or, if he is at liberty on bail, it must ___________ the bail.

Answer 7

Discharge……….. exonerate

Question 8

300.10 — The Court’s charge

The court MUST deliver a charge to the jury at the conclusion of ___________

Answer 8

summations.

Question 9

300.10 — The Court’s charge

Basics of charge include:

1. Presumption of __________
2. Must prove guilt ________________
3. Not to consider the possible ___________or __________

Answer 9

Innocence………beyond a reasonable doubt………sentence or punishment

Question 10

300.10 — The Court’s charge

Upon request of the defendant, the court must state that there should be no adverse inference for the defendant _______________

Answer 10

not testifying

Question 11

300.10 — The Court’s charge

• The court will also give the basics of legal principles and avoid referring to or __________________
• • Exception: When the affirmative defense of lack of criminal responsibility due to ______________________ is raised, the court MUST instruct the jury that although normally there is not to be speculation relating to consequences of verdict, in this instance you should know there will be hearings to determine the defendant’s mental state and possibly involuntary commitment proceedings

Answer 11

marshaling the evidence……. mental disease or defect

Question 12

300.10 — The Court’s charge

• The court MUST designate and submit those _________and _________contained in the indictment, which the jury is to consider.
• Such determination must be made and the parties are to be informed PRIOR TO _______________ .
• • This can help the sides determine how to sum up!

Answer 12

counts and offenses ……. SUMMATIONS

Question 13

300.10 — The Court’s charge

The court instructs the jury of the possible verdicts:

1. “Guilty” of the ___________ submitted
2. “Guilty” of one or more offenses under the same count in the _____________ (see 300.40)
3. “Not guilty”
4. “Not responsible by ____________________” - where appropriate

Answer 13

Offense…. alternative…… Mental Disease or Defect

Question 14

300.10 — The Court’s charge

Both before and after the courts charge, the parties may submit request to charge __________________ or _______________

Answer 14

orally or in writing.

Question 15

300.10 — The Court’s charge

The court MUST rule promptly upon each request, failure to rule is deemed _________________

Answer 15

a denial

Question 16

300.10 — The Court’s charge

• In a crime of enterprise corruption the court MUST specifically designate and separately submit for jury consideration such acts.
• The jury must rule that at least ________________ alleged as a pattern of criminal activity were committed

Answer 16

THREE(3) criminal acts

Question 17

300.30 — Submission of indictment to jury

Submission of a count of an indictment means

• submission of the ____________ charged therein OR
• submission of _____________ OR
• submission of __________ in the Alternative.

Answer 17

Offense…….. lesser included offenses…….. both

Question 18

300.30 — Submission of indictment to jury

• To submit a count it must be supported by legally sufficient _____________
• If the top count is not supported by such, then the greatest _____________ which is supported will be submitted

Answer 18

trial evidence………. lesser offense

Question 19

300.30 — Submission of indictment to jury

Consecutive counts

Answer 19

Two or more counts where consecutive Sentences MAY be imposed

Question 20

300.30 — Submission of indictment to jury

Concurrent counts

Answer 20

Two or more counts where concurrent Sentences ONLY MAY (must) be

Question 21

300.30 — Submission of indictment to jury

Inclusory Concurrent counts

Answer 21

The offense charged in one is greater than any of the offenses charged in another, and the latter are all lesser included offenses within the greater

Question 22

300.30 — Submission of indictment to jury

Inconsistent counts

Answer 22

Guilt in one necessarily negates guilt in another

Question 23

300.40 — Counts to be submitted

Every count not supported by legally sufficient trial evidence will not be submitted to the jury and should be dismissed by trial order of dismissal.
The following rules apply:

1. If indictment contains _________ the court must submit such count

Answer 23

one count

Question 24

300.40 — Counts to be submitted

Every count not supported by legally sufficient trial evidence will not be submitted to the jury and should be dismissed by trial order of dismissal.
The following rules apply:

2. If the indictment contains multiple _____________ counts, the court must submit ____________ thereof
3. If the indictment contains multiple _____________ counts of (murder in the first degree), the court must submit _____________

Answer 24

consecutive counts………. every count concurrent counts…….. every count

Question 25

300.40 — Counts to be submitted

Every count not supported by legally sufficient trial evidence will not be submitted to the jury and should be dismissed by trial order of dismissal.
The following rules apply:

4. Besides those for Murder 1, if the indictment contains other ____________ the court must submit at least _________ such count but may submit more than ________

Answer 25

concurrent counts ….. one ………. one

Question 26

300.40 — Counts to be submitted

Every count not supported by legally sufficient trial evidence will not be submitted to the jury and should be dismissed by trial order of dismissal.
The following rules apply:

5. If they are Inclusory counts, the court must submit the __________ count and may or must, pursuant to CPL 300.50, include in the (alternative only) one or more of the ______________ counts

Answer 26

,… greatest………. lesser included

Question 27

300.40 — Counts to be submitted

* A verdict of guilty upon the greatest count submitted is deemed (___________ ) of every lesser count submitted, not ________________*

Answer 27

An DISMISSAL……. an acquittal

(DSAT on clerks calendar)

Question 28

300.40 — Counts to be submitted

* A verdict of guilty upon a lesser count is deemed an _______________ upon every greater count submitted*

Answer 28

ACQUITTAL

Example: To be found guilty of only attempted assault, means you were acquitted of the assault charge

Question 29

300.40 — Counts to be submitted

If the indictment contains two groups of counts, which are ____________ groups, but the counts within each group are _________ to each other, the court must submit at least one count from each group.

Answer 29

Consecutive…… concurrent

Question 30

300.40 — Counts to be submitted
The court must direct that if the jury finds guilt upon one count of ____________ counts, then it must find a verdict of not guilty to the other, since they are _____________ with each other

Answer 30

Inconsistent ………. inconsistent

Question 31

300.40 — Counts to be submitted

Regardless of the general rules, if the ___________ consent to not submitting a count, the court is then ___________ to submit it, as well as if the number of counts or complexity of the indictment would put too heavy a burden on the jury, the court may then submit such counts which are representative of the people’s case

Answer 31

people …….. not required

Question 32

300.40 — Counts to be submitted

Every count not submitted to the jury is deemed to have been ___________ by the court

Answer 32

dismissed

Question 33

300.40 — Counts to be submitted

When the court refuses to submit a count which is ___________ to every other count submitted, such count is deemed to have been ___________ by Trial order of dismissal even though no such order was made

Answer 33

Consecutive….. dismissed