CPL 30 Flashcards
30.10 - Periods of limitation
A criminal action must be commenced within the period of limitation as described here from the _________ of the crime
commission
30.10 - Periods of limitation
Class “A” Felony
No limit
30.10 - Periods of limitation
Rape 1st
No limit
30.10 - Periods of limitation
Course of sexual conduct against a child 1st
No limit
30.10 - Periods of limitation
Aggravated sexual abuse 1st
No limit
30.10 - Periods of limitation
- Rape in the second degree
- Criminal sexual act in the second degree
- Incest in the second degree (when committed as rape in the second degree or criminal sexual act in the second degree
Must be commenced within twenty years after the commission thereof or within ten years from when the offense is first reported to law enforcement, whichever occurs earlier
30.10 - Periods of limitation
- Rape in the third degree
- Criminal sexual act in the third degree
Must be commenced within ten years after the commission thereof
30.10 - Periods of limitation
Any other Felony
5 years
30.10 - Periods of limitation
Misdemeanor
2 years
30.10 - Periods of limitation
Petty Offense
1 year
30.10 - Periods of limitation
Fiduciary larceny
1 year from discovery or when it should have been discovered
30.10 - Periods of limitation
Environmental Conservation
Within 4 years after the facts are discovered, or should had been discovered
(Tree = 4 letters = 4 years)
30.10 - Periods of limitation
Tax Law
3 years (Tax = 3 letters = 3 years)
30.10 - Periods of limitation
Course of sexual conduct against a child 2nd
Within 5 years of “the most recent” act of sexual conduct
30.10 - Periods of limitation
Sex offenses against children less than 18 (Felonies):
- 263.05 Use of a child in a sexual performance
- 255.25, 26, 27 Incest 3rd, 2nd, 1st degrees
A criminal action against the perpetrator of this crime must commence within five years after commission of the offense. The period of limitation shall not begin to run until the child has reached the age of twenty-three or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.
30.10 - Periods of limitation
Terrorism
Eight years or No limit if the commission of such felony offense resulted in, or created a foreseeable risk of, death or serious physical injury to another person
(Hint: No limit = “Never Forget”)
30.10 - Periods of limitation
A statute is tolled (the clock stops) while:
- defendant is continuously outside the state or
- Whereabouts continuously unknown or continuously unascertainable with reasonable diligence
- However, no more than____________ years can be added to regular statute of limitation time
5
30.10 - Periods of limitation
In the event an action is timely commenced and then dismissed, the time frame that ran for that failed prosecution (IS/IS NOT) part of the limitation required under the filing of a new action of another charge for the same offense
IS NOT
30.20-Speedy trial
Once an action is commenced a defendant is entitled to a __________, this protects us all
speedy trial
30.20-Speedy trial
Insofar as is practicable, the trial of ___________ action must be given preference over ___________ , and Criminal cases where the defendant is ___________ have preference over cases where the defendant is at__________
Criminal ………civil cases……incarcerated…. liberty
30.20-Speedy trial
Sub 1. When the defendant at liberty, Motion to dismiss must be granted when people are not ready for a trial in:
Felony
6 months
30.20-Speedy trial
Sub 1. When the defendant at liberty, Motion to dismiss must be granted when people are not ready for a trial in:
Class A Misdemeanor
for which defendant could receive a sentence of more than three (3) months
90 days
30.20-Speedy trial
Sub 1. When the defendant at liberty, Motion to dismiss must be granted when people are not ready for a trial in:
Class B Misdemeanor
for which the defendant could receive a sentence of no more than three (3) months
60 days
30.20-Speedy trial
Sub 1. When the defendant at liberty, Motion to dismiss must be granted when people are not ready for a trial in:
Violation
30 days
30.20-Speedy trial
Sub 2. When in the custody of the sheriff or the office of children and family services, defendant must be released on bail or ROR when the people are not ready for trial in:
Felony
90 days
30.20-Speedy trial
Sub 2. When in the custody of the sheriff or the office of children and family services, defendant must be released on bail or ROR when the people are not ready for trial in:
Class A Misdemeanor
for which defendant could receive a sentence of more than three (3) months
30 days
30.20-Speedy trial
Sub 2. When in the custody of the sheriff or the office of children and family services, defendant must be released on bail or ROR when the people are not ready for trial in:
Class B Misdemeanor
for which the defendant could receive a sentence of no more than three (3) months
15 days
30.20-Speedy trial
Sub 2. When in the custody of the sheriff or the office of children and family services, defendant must be released on bail or ROR when the people are not ready for trial in:
Violation
5 days
30.20-Speedy trial
Motion filed by the defense may be denied if the people were ready for trial in a timely fashion but now are not ready due to some exceptional fact or circumstance and due diligence has been exercised to be ready.
xx
30.20-Speedy trial
Subdivisions 1 and 2 for speedy trial motions to dismiss and release do not apply to________
Murder.
30.20-Speedy trial
Motions for release if not ready for trial in specified times do not apply to:
- Defendants who are serving a term of imprisonment for another offense.
- Defendants who are being held in custody pending trial of another criminal charge.
- Does not prevent re-detention after being released from custody, are charged with another crime, or violate the conditions on which they were released.
xx
30.20-Speedy trial
For the purposes of this subdivision, the term offense shall include _____________
vehicle and traffic law infractions
30.20-Speedy trial
Run through the speedy trial times for dismissal
*6 MONTHS-90-60-30 TO DISMISS
30.20-Speedy trial
Run through the speedy trial times for release
REMEMBER: 90-30-15-5 TO RELEASE WHEN IN JAIL
30.20-Speedy trial
The periods that must be excluded when computing the time within which the people must be ready for trial:
- A reasonable period of delay resulting from other proceedings concerning the defendant, including but not limited to:
- Proceedings for the determination of competency and the period during which the defendant is incompetent to stand trial.
- Demands to produce and requests for bills of particulars.
- Pre-trial motions.
- Appeals.
- Trials of other charges.
- The period during which such matters are under consideration by the court.
xx
30.20-Speedy trial
The periods that must be excluded when computing the time within which the people must be ready for trial:
- The period of delay resulting from a continuance granted by the court at the request of, or with the consent of, the defendant or his or her counsel in the interest of justice.
- An unrepresented defendant must be advised of the consequence of such a continuance in open court for their consent to be accepted
xx
30.20-Speedy trial
The periods that must be excluded when computing the time within which the people must be ready for trial:
- The period of delay resulting from the absence or unavailability of the defendant.
xx
30.20-Speedy trial
The periods that must be excluded when computing the time within which the people must be ready for trial:
- where the defendant has either escaped from custody or has failed to appear when required after having previously been released on bail or on his own recognizance, and provided the defendant is not in custody on another matter, the period extending from the day the court issues a bench warrant because of the defendant’s failure to appear in court when required, to the day the defendant subsequently appears in the court pursuant to a bench warrant or voluntarily or otherwise
xx
30.20-Speedy trial
The periods that must be excluded when computing the time within which the people must be ready for trial:
- a reasonable period of delay when the defendant is joined for trial with a co-defendant as to whom the time for trial pursuant to this section has not run and good cause is not shown for granting a severance;
xx
30.20-Speedy trial
The periods that must be excluded when computing the time within which the people must be ready for trial:
- the period of delay resulting from detention of the defendant in another jurisdiction provided the district attorney is aware of such detention and has been diligent and has made reasonable efforts to obtain the presence of the defendant for trial
xx
30.20-Speedy trial
The periods that must be excluded when computing the time within which the people must be ready for trial:
- the period during which the defendant is without counsel through no fault of the court; except when the defendant is proceeding as his own attorney with the permission of the court;
xx
30.20-Speedy trial
The periods that must be excluded when computing the time within which the people must be ready for trial:
- other periods of delay occasioned by exceptional circumstances such as:
- Delays caused by the unavailability of evidence.
- Delays caused by the need for additional time to prepare the case.
- Any such exclusion when a statement of unreadiness has followed a statement of readiness made by the people must be evaluated by the court after inquiry on the record as to the reasons for the people’s unreadiness and shall only be approved upon a showing of sufficient supporting facts;
xx
30.20-Speedy trial
The periods that must be excluded when computing the time within which the people must be ready for trial:
- the period during which an action has been _____________________________
adjourned in contemplation of dismissal
30.20-Speedy trial
The periods that must be excluded when computing the time within which the people must be ready for trial:
- the period prior to the defendant’s actual appearance for __________
arraignment,
30.20-Speedy trial
The periods that must be excluded when computing the time within which the people must be ready for trial:
- the period during which a ___________ is before a family court until such time as an accusatory instrument or indictment is filed against the defendant alleging a crime constituting a family offense
family offense
30.20-Speedy trial
Inquiry into readiness:
- If the prosecution states they are ready for trial, the court will investigate to see if they are actually ready.
- If the court determines that the prosecution is not ready, the prosecution’s statement of readiness will not be valid.
- Any statement of trial readiness must be accompanied by a certification of good faith compliance with the _______________
- The defense will be given an opportunity to be heard on the record as to whether the disclosure requirements have been met.
- This subdivision does not apply to cases where the defense has waived disclosure requirements.
disclosure requirements.
30.20-Speedy trial
Upon a local criminal court accusatory instrument, a statement of readiness shall not be valid unless the prosecuting attorney certifies that all counts charged in the accusatory instrument meet the ____________of the CPL
requirements
30.20-Speedy trial
An order finally denying a motion to dismiss for speedy trial shall be reviewable upon an___________ from an ensuing judgment of conviction despite the fact that such judgment is entered upon a plea of ___________
Appeal……. guilty.
30.20-Speedy trial
Where the defendant is to be tried following the withdrawal of the plea of guilty or is to be retried following a mistrial, an order for a new trial or an appeal or collateral attack, the criminal action and the commitment to the custody of the sheriff or the office of children and family services, if any, must be deemed to have commenced on the date the __________of the plea of guilty or the date the order occasioning a retrial becomes _________
Withdrawal ……….. final;
30.20-Speedy trial
where a defendant has been served with an appearance ticket, the criminal action must be deemed to have commenced on the date the defendant first ___________ in a local criminal court in response to the ticket
appears
30.20-Speedy trial
- Where a criminal action is commenced by filing a felony complaint, and during the course of the action the felony complaint is replaced or converted to an information, prosecutor’s information, or a misdemeanor complaint the period applicable as to when a motion to dismiss must be granted when people are not ready for a trial must be granted must be calculated from the date of filing new accusatory instrument.(NOTE: the periods in subsection 4 do not apply to this calculation i.e the periods are excluded from that time)
- If more than _________ have passed from when the felony complaint was filed to the date of the new accusatory instrument was filed, then the period applicable to the felony complaint remains applicable and continues as if no new accusatory instrument has been filed.
6 months
30.20-Speedy trial
- Where a criminal action is commenced by filing a felony complaint, and during the course of the action the felony complaint is replaced or converted to an information, prosecutor’s information or a misdemeanor complaint, the period applicable to when a motion for release on bail or ROR when the people are not ready for trial must be granted is calculated from the date of filing of new accusatory instrument. (NOTE: the periods in subsection 4 do not apply to this calculation i.e the periods are excluded from that time)
- If more than ________ have passed from when defendant is committed to the date of the new accusatory instrument was filed, then the period applicable to the felony complaint remains applicable and continues as if no new accusatory instrument has been filed.
90 days
30.20-Speedy trial
- Where a count of an indictment is reduced to charge only a misdemeanor or petty offense and a reduced indictment or a prosecutor’s information is filed, the period applicable as to when a motion to dismiss must be granted when people are not ready for a trial must be granted must be calculated from the date of filing new accusatory instrument.(NOTE: the periods in subsection 4 do not apply to this calculation i.e the periods are excluded from that time)
- If more than ___________have passed from when the indictment was filed to the date of the new accusatory instrument was filed, then the period applicable to the indictment remains applicable and continues as if no new accusatory instrument has been filed.
6 months
30.20-Speedy trial
- Where a count of an indictment is reduced to charge only a misdemeanor or petty offense and a reduced indictment or a prosecutor’s information is filed,, the period applicable to when a motion for release on bail or ROR when the people are not ready for trial must be granted is calculated from the date of filing of new accusatory instrument. (NOTE: the periods in subsection 4 do not apply to this calculation i.e the periods are excluded from that time)
- If more than __________ have passed from when the indictment was filed to the date of the new accusatory instrument was filed, then the period applicable to the indictment remains applicable and continues as if no new accusatory instrument has been filed.
ninety days
30.20-Speedy trial
If, upon oral argument, a time period is in dispute, the court must promptly conduct a hearing in which the people must prove that the time period is excludable.
30.20-Speedy trial
The procedural rules prescribed in subdivisions one through seven of section 210.45 of this chapter with respect to a motion to dismiss an indictment are not applicable to a motion made pursuant to subdivision two of this section. If, upon oral argument, a time period is in dispute, the court must promptly conduct a hearing in which the people must prove that the time period is excludable.
