CPL 310 - 320 SD 2 Flashcards
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
