CPL 300 SIDE DECK BLAST TWO

Question 1

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. If the indictment contains other ____________ the court must submit at least _________ such count but may submit more than ________

Answer 1

concurrent counts ….. one ………. one

Question 2

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 _____________, 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 2

Inclusory counts,… greatest………. lesser included

Question 3

300.40 — Counts to be submitted

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

Answer 3

An DISMISSAL……. an acquittal

Question 4

300.40 — Counts to be submitted

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

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

Answer 4

ACQUITTAL)

Question 5

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 5

Consecutive…… concurrent

Question 6

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 6

Inconsistent ………. inconsistent

Question 7

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 7

people …….. not required

Question 8

300.40 — Counts to be submitted

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

Answer 8

dismissed

Question 9

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 9

Consecutive….. dismissed