CPL 300 - 310 SD 1

Question 1

300.50 — Submission of lesser included offenses

In addition to submitting the required _________ offense, the court may submit a _________ offense in the alternative if the view of the evidence supports the defendant committing such lesser offense but not the greater.

Answer 1

Greatest …… lesser

Question 2

300.50 — Submission of lesser included offenses

Without a view of the evidence supporting such a finding, the court may not submit the ___________

• Any error here is waived by the defendant if no objection is made before jury ________________

Answer 2

lesser offense. …………. retires to deliberate

Question 3

300.50 — Submission of lesser included offenses

If the court is authorized to submit a lesser offense as described above and it is requested to do so by either party, it (MUST/MAY) do so.

Answer 3

MUST

Question 4

300.50 — Submission of lesser included offenses

If a defendant under the age of ___________ is indicted for an offense in which he would be criminally responsible, and a lesser offense in which he would not be due to infancy, the lesser offense still gets _____________ even though a verdict of guilty upon such offense would not result in a criminal conviction

Answer 4

SIXTEEN (16) ………. submitted to the jury

Question 5

310.10 — Jury deliberation

Jury deliberation must be in a place (IN/OUTSIDE) the courtroom.
The jury is to be kept together under the supervision of Court Officers, or if unavailable, a public servant (AKA Court Clerk, AKA YOU! ).

Answer 5

OUTSIDE

Question 6

310.10 — Jury deliberation

The jury is not to be___________ to or communicated with.

Answer 6

spoken

Question 7

310.10 — Jury deliberation

(NEW) At any time after the jury has been charged or commenced its deliberations, and after notice to the parties and affording such parties an opportunity to be heard on the record outside of the presence of the jury, the court may declare the deliberations to be in recess and may then direct the jury to suspend its deliberations and to separate for a reasonable period of time not lasting beyond close of business on the _____________ day following such recess or,for good cause shown, beyond close of business on the________ day following recess of jury deliberations unless the defendant consents to a longer period of suspension and separation.
- Where a day falls on a Saturday, Sunday or holiday, such day shall mean the next day thereafter during which the courthouse is open for the conduct of trials.
- Before each recess, the court must admonish the jury and direct it not to resume its ____________ until all twelve jurors have officially reassembled

Answer 7

Second … third………… deliberations

Question 8

310.20 - Use of Exhibits

The Jury MAY take with them:

1. Any ____________ received into evidence only after giving the parties an opportunity to be heard, within the ____________ discretion

Answer 8

Exhibits ……….. court’s

Question 9

310.20 - Use of Exhibits

The Jury MAY take with them:

2. A ___________ with offenses charged - If the same type of offenses are charged twice, the court may designate each offense by dates, names of complainants or statutory language without defining terms, and then must instruct the jury that such notations are just to help them distinguish the charges

Answer 9

written list (verdict sheet)

Question 10

310.20 - Use of Exhibits

The Jury MAY take with them:

3. Only upon the Jury’s request, and within the discretion of ________________ , a written list containing the names of every ___________ whose testimony was presented during trial

Answer 10

the court ………. witness

Question 11

310.30 Jury request for information

lf the Jury requests further information while deliberating the court MUST direct the jury be returned to the courtroom and only after notice to the people as well as the counsel for the defendant and in the presence of the defendant the court (MUST/MAY) give such information or instruction as the court deems proper

Answer 11

MUST

Question 12

310.30 Jury request for information

With respect to the statute…if requested by the jury and CONSENT of the ________ is given, the court MAY give such text of any ________

Answer 12

Parties …. statute*

Question 13

310.40 - The verdict

The verdict must be rendered and announced by the __________ of the jury, unless the ___________ is unable or refuses, then the court may designate another member of the jury to announce the verdict

Answer 13

Foreperson ………..foreperson

Question 14

310.40 - The verdict

Required to be Present: The Court, a Prosecutor, the defendant’s counsel, and the defendant

Answer 14

XX

Question 15

310.50 — Verdict form

If the jury enters a __________ verdict, the court must explain the defect, and have the jury ___________such verdict and resume deliberations

Answer 15

Defective …. reconsider

Question 16

310.50 — Verdict form

If the jury persists in rendering such defective verdict the court must decide to either accept defective verdict as an___________ or order the people to retry the indictment

Answer 16

acquittal

Question 17

310.50 — Verdict form

Although defective, if it is clear however that the jury intended to find the defendant _________ to any particular count the court MUST record the verdict as an __________ to such count or counts. If the court accepts such defective verdict, even counts improperly ignored by jury will be deemed an ___________ of such counts

Answer 17

not guilty …. acquittal ….. acquittal