CPL 340-350

Question 1

340.10 Definition of terms.

1. “Information,” in addition to its meaning as defined in section 100.10, includes
   (a) a __________ information and
   (b) a ______________ information and
   (c) a _______________ upon which the defendant, by a waiver has consented to be prosecuted.

Answer 1

Simplified……. prosecutor’s………. misdemeanor complaint

Question 2

340.10 Definition of terms.

2. “Single judge trial” means a trial in a local criminal court conducted by one judge sitting _______________

Answer 2

without a jury.

Question 3

340.10 Definition of terms.

3. “Jury trial” means a trial in a local criminal court conducted by one judge sitting ___________

Answer 3

with a jury.

Question 4

340.20 The PLEA

A plea to an information, other than one against a corporation, must be entered ______________________ in person UNLESS court permits entry by ________ upon filing of a written and subscribed statement by defendant declaring that he waives his right to plead to an information and authorizes his attorney to enter the plea on his behalf.

Answer 4

orally by defendant …. counsel

Question 5

340.20 The PLEA

Pleas to traffic infractions are governed by the __________

Answer 5

vehicle and traffic law.

Question 6

340.20 The PLEA

A plea to an information against a corporation must be entered by ___________

Answer 6

counsel.

Question 7

340.30 Pre-trial discovery and notices of defenses
The provisions of article two hundred forty-five of this part, concerning pre-trial discovery by a defendant under indictment in a superior court, and article two hundred fifty of this part, concerning pre-trial notice to the people by a defendant under indictment in a superior court who intends to advance a trial defense of mental disease or defect or of alibi, apply to a prosecution of an information in a local criminal court.

Answer 7

xx

Question 8

340.40 Types of TRIAL

1. If charge is less than a misdemeanor, trial must be____________

Answer 8

single judge trial.

Question 9

340.40 Types of TRIAL

2. If charge is a misdemeanor, trial must be __________(unless defendant waives _________ ).

• A defendant entitled to a jury trial pursuant to this subdivision, shall be so entitled to a trial by jury even though the information also charges an offense for which he is otherwise not entitled to a jury trial.
• In such case, the defendant is not entitled both to a jury trial and a separate single judge trial and the court may not order____________

Answer 9

by jury ……. jury trial……. separate trials

Question 10

340.40 Types of TRIAL

3. Trial of a youthful offender eligible youth who has not been previously convicted of a crime or adjudicated a youthful offender must be a __________

Answer 10

single judge trial.

Question 11

340.50 Defendant’s presence at trial

Generally defendant must be ________ at trial EXCEPT THAT:

• On motion of defendant represented by counsel, court may allow ________ to conduct defense without the presence of the defendant (Written, subscribed waiver by defendant granting authority to counsel is needed.)
• A defendant who is DISRUPTIVE, and is WARNED, and then is _________ may be ordered removed by the court, and the trial will continue.

Answer 11

Present…attorney… disruptive AGAIN,

Question 12

350.10- Conduct of a single judge trial (Local Criminal Court)

The court determines all questions of law and is the exclusive ________ and must render a verdict

Answer 12

trier of facts

Question 13

350.10- Conduct of a single judge trial (Local Criminal Court)

Here is where we differ from PUDA DAPA…the court MAY permit the parties to deliver opening addresses. If both parties give openings..people go first. The court MAY permit the parties to give summations. If both parties give summations, the defendant goes first

LCC = PADA DAPA

Answer 13

xx

Question 14

350.10- Conduct of a single judge trial (Local Criminal Court)

• The court must render a verdict on each count not previously dismissed.
• A verdict which does not dispose of each count is considered a verdict of___________ to each count not disposed.
• The court can find the defendant guilty of a misdemeanor or a lesser included offense if established by legally sufficient __________

Answer 14

not guilty …… trial evidence

Question 15

350.20 - Trial by Judicial Hearing Officer

In any case where a single judge trial is authorized or required, the court MAY UPON AGREEMENT OF THE PARTIES assign a ______ to conduct the trial, with the exception of an Information which contains as one of the charges a __________

Answer 15

JHO…… Class A Misdemeanor

Question 16

350.20 - Trial by Judicial Hearing Officer

The JHO acts the same as a judge ..render questions of law, exclusive trier of fact, render a verdict, etc.. For purposes of trial they may have the same powers as a judge

Answer 16

xx

Question 17

350.20 - Trial by Judicial Hearing Officer

The Administrative Judges of Nassau and Suffolk Counties, administrative judge of the eighth judicial district for Buffalo City, and (NEW) the administrative judge of the seventh judicial district for Rochester City may assign JHO’s to __________ violations without the consent of the parties.

Answer 17

traffic and parking