CPL 30

Question 1

1. CPL 30.10: Statute of limitations for CLASS A felony is___________

Answer 1

at any time

Question 2

2. CPL 30.10: Statute of limitations for B C D or E felony is___________

Answer 2

5 years

Question 3

3. .CPL 30.10 T/F? S/L tolls in a criminal case if defendant is outside the state or is whereabouts are unknown.

Answer 3

True

Question 4

4. CPL 30.30 In felony case, motion to dismiss must be granted if people are not ready for trial after 6 month(s) of
   A arrest?
   B imprisonment?
   C. filing of accusatory instrument?

Answer 4

C filing of accusatory instrument

Question 5

5. .CPL 30.30 T/F? Speedy trial time requirements apply in all cases.

Answer 5

False

Question 5

6. CPL 30.10
   Which of the following class of offenses is not paired correctly with the period in which the accusatory instrument must be filed?
   A. CLASS A FELONY - at any time.
   B. ANY OTHER FELONY - within seven years of commission of felony.
   C. MISDEMEANOR - within two years of commission of misdemeanor.
   D. PETTY OFFENSE - within one year after commission of petty offense.

Answer 5

B

Question 6

7. CPL 30.10
   When a defendant is outside NYS or his whereabouts are unknown the statute of limitation tolls (stops running):
   A. until he returns to state or whereabouts are known.
   B. for a period not to exceed five years beyond period otherwise applicable.
   C. for a period of four months
   D. none of the above

Answer 6

A

Question 7

8.CPL 30.30 Which of the following is false? A motion to dismiss based on speedy trial provision must be granted where the people are not ready for trial within:
A. six months after filing of accusatory instrument for a felony.
B. ninety days after filing of accusatory instrument (misd. over 3 months).
C. fifteen days after filing of accusatory instrument charging a violation.
D. sixty days after the filing of accusatory instrument (misd. = or less than 3 months).

Answer 7

C

Question 8

10. 9. CPL 30.30 Defendant must be released on bail/ROR if people are not ready for trial within:
       A. 60 days of commencement of detention (for a felony).
       B. 45 days of commencement of detention (for misd. more than 3 months).
       C. 15 days of commencement of detention (for misd. 3 months or less).
       D. all of above

Answer 8

C

Question 9

10. CPL 30.30 Choose the best answer: A motion to dismiss based on people not being ready for trial (speedy trial) does not apply to:
    A. murder in the first degree.
    B. manslaughter in the second degree
    C. A only.
    D. both A and B.

Answer 9

D

Question 10

CPL 30.10 Which of the following periods for commencement of a criminal action are correct?

1. for all felonies - must be commenced within 5 years
2. for all misdemeanors - must be commenced within 1 year
3. for all petty offenses - must be commenced within 6 months
   A..1 only
   B. 2 and 3 only
   C. 1 and 2 only
   D. neither 1 nor 2 nor 3

Answer 10

D