CPL 300.50 TO 320 Flashcards
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.
- 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 ________________
Greatest …… lesser…. lesser offense. …………. retires to deliberate
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.
MUST
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
SIXTEEN (16) ………. submitted to the jury
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! ).
OUTSIDE
310.10 — Jury deliberation
The jury is not to be___________ to or communicated with.
spoken
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
Second … third………… deliberations
310.20 - Use of Exhibits
The Jury MAY take with them:
- Any ____________ received into evidence only after giving the parties an opportunity to be heard, within the ____________ discretion
Exhibits ……….. court’s
310.20 - Use of Exhibits
The Jury MAY take with them:
- 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
written list (verdict sheet)
310.20 - Use of Exhibits
The Jury MAY take with them:
- 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
the court ………. witness
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
MUST
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 ________
Parties …. statute*
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
Foreperson ………..foreperson
310.40 - The verdict
Required to be Present: The Court, a Prosecutor, the defendant’s counsel, and the defendant
XX
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
Defective …. reconsider
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
acquittal
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
not guilty …. acquittal ….. acquittal
310.50 — Verdict form
- Enterprise Corruption special verdicts must contain separate and specific verdicts to each criminal act and lesser included offense required to show pattern of criminal activity.
- In addition to its verdict on the charge of enterprise corruption, there must be at least _________ criminal acts to establish a pattern.
- A Special Verdict leaving any less than three must result in an acquittal of the Enterprise Corruption charge
THREE(3)
310.60 - Discharge of Jury before Rendition of verdict
A deliberating jury may be discharged by the court without having rendered a verdict when:
- The jury has deliberated for an extensive period of time and the court is satisfied it is ____________ a verdict will be reached, or
- The court, ______________ AND ___________ all consent to such discharge, or
- A _____________ is declared see (CPL 280.10}
Unlikely…….. defendant and people…….. mistrial
310.60 - Discharge of Jury before Rendition of verdict
- When the jury is so discharged before Rendition of verdict, the defendant may be ___________ upon the indictment. The indictment is deemed to contain ____________ which it contained at the start of trial
- Exception - If a count was DISMISSED as result of a defendant’s motion for a __________________ (see 290.10), such count is NOT part of the retrial as a result of the jury discharge above.
Retried ….. all counts …… Trial Order of Dismissal
310.70 — Rendition of partial verdict
If the jury is only able to reach a verdict as to some but not all the counts submitted or as to some but not all the defendants…the court MUST proceed as follows:
If it is unlikely they will reach a verdict as to the other counts or defendants, the court must terminate deliberations and order the jury to render such ____________ as to those counts or defendants to whom it has reached a verdict
partial verdict
310.70 — Rendition of partial verdict
If the jury is only able to reach a verdict as to some but not all the counts submitted or as to some but not all the defendants…the court MUST proceed as follows:
If there is a chance that the jury might still reach a complete verdict as to the defendants or counts, it may either:
- Order the jury to render such ____________ and continue _______________ as to what still needs to be determined, or
- Refuse to accept such partial verdict and order the jury to resume _______________ upon the entire case
partial verdict ……….. deliberations………..
310.70 — Rendition of partial verdict
If the jury is only able to reach a verdict as to ________ but not _________ the counts submitted or as to some but not all the ___________ …the court MUST proceed as follows:
After accepting a ____________ , the defendant may be retried on any offense upon which the jury was unable to agree unless:
- A verdict of conviction would have been __________with a verdict of conviction or acquittal with regard to any other offense, or
- A conviction upon the count in disagreement would be for such a similar offense as the count of equal or higher grade that guilt was determined, that a ________________ could not be imposed
Some….. all …… defendants……… partial verdict…… inconsistent …… consecutive sentence
310.80 — Recording of verdict, polling of jury
After the verdict is taken it must be recorded on__________ and read to the jury, and the jurors must be ___________________ whether such is their verdict.
the minutes…………. collectively asked
310.80 — Recording of verdict, polling of jury
If upon the request of either party the jurors (MUST/MAY) be polled and each juror asked individually if such is their verdict
MUST
310.80 — Recording of verdict, polling of jury
If either as a group or during polling if any juror responds in the negative, the court (MUST/’MAY) refuse to accept the verdict and order the jury to resume deliberations
MUST
310.80 — Recording of verdict, polling of jury
If all is in agreement, then the jurors must be discharged from the case (with the exception of a separate sentencing proceeding for ___________, CPL 400.27)
Murder 1
310.85- Verdict of guilty when defendant not criminally responsible
If a defendant is found guilty of a crime with which he is not criminally responsible due to ______________ and is found guilty or awaiting sentence or is imprisoned for another offense which he is guilty and responsible, then the verdict for the offense that he is not criminally responsible for is set aside and deemed a __________________
Infancy,……… NULLITY
310.85- Verdict of guilty when defendant not criminally responsible
If there are no other matters other than the one which he is found not responsible, then the verdict is ___________ and replaced by a juvenile delinquency __________________and the action removed to the Family Court in accordance with CPL 725
Vacated………… fact determination
320.10 - Non Jury Trial
Except for _________________ , the defendant may at any time before trial, waive their right to a jury trial and consent to trial without a jury
- This waiver MUST be in writing, signed by the ____________________, with the presence of the court and with the approval of the court.
- Generally the court must approve such waiver unless it finds the defendant does not understand the ____________ or is using it as a strategy to attain a procedural advantage.
- If court finds such a reason to disapprove the waiver, it must state the reasons _________________
Murder in the first degree………… defendant in open court…… consequences…….. on the record
320.20- Non Jury trial nature and conduct
A non jury trial of an indictment is conducted by one judge who is the exclusive___________ , determinations of law and they must _________________
trier of all issues of fact………… render a verdict
320.20- Non Jury trial nature and conduct
- The order of a non jury trial is the same as a jury trial.
- The parties MUST be permitted to deliver ________ AND _____________
openings and summations
320.20- Non Jury trial nature and conduct
BEFORE_____________ the court must state upon the record what counts and for what defendants it will be rendering such verdict. Just like in a Jury trial this can aid the sides in how to prepare for summations.
Summations
320.20- Non Jury trial nature and conduct
The court is governed by the same rules for a jury trial regarding the _________________
form of the verdict
