CPL 360

Question 1

360.05 - Jury Trial (Local Criminal Court)
The order of proceedings for a trial of an indictment in Superior Court are the same for a jury trial in the local criminal court

Answer 1

xx

Question 2

360.10- Formation of Jury (Local Criminal Court)

A trial jury consists of ____________ but alternate jurors may be selected and sworn

Answer 2

SIX (6) JURORS,

Question 3

360.10- Formation of Jury (Local Criminal Court)

The panel from which Jurors are selected and drawn is governed by Uniform ______________ Court Acts.

IN NYC criminal court it is __________ (Same as Superior Court)

Answer 3

District, City and Justice… Judiciary law

Question 4

360.15 - Challenge to the panel (Local Criminal Court)

• A challenge to the panel, is an objection made to __________
• It can only be made by the _______ and only on the ground that there has been a departure from the requirements of law resulting in a prejudice to the defendant

Answer 4

the entire panel. ….. defendant

Question 5

360.15 - Challenge to the panel (Local Criminal Court)

Such challenge MUST be made before the _____________ commences and failure to do so, it is deemed waived

Answer 5

selection of the jury

Question 6

360.15 - Challenge to the panel (Local Criminal Court)

• The challenge MUST be made in _________ setting forth grounds of challenge and facts supporting those grounds.
• If the people dispute the facts, then a hearing can be held to determine whether or not to discharge the panel.
• Witnesses can be called and examined by either side

Answer 6

writing

Question 7

360.20- Examination of Jurors (Local Criminal Court)

If no challenge to the panel is made, then the names of not less than ________ are called, and they take their place in the jury box and are immediately sworn to answer truthfully questions towards their qualifications to serve. The procedural rules for the examination and challenges to prospective jurors are the same as those found in CPL 270.15

Answer 7

six jurors

Question 8

360.25- Challenge for cause (Local Criminal Court)

A challenge for cause is an objection to a prospective member of the jury and must be made on one of the following grounds:

1. He doesn’t have the qualifications required by the _________
2. He has a state of mind being unable to render _______ verdict
3. He is related by __________ of consanguinity or affinity to defendant, victim, witness, and attorney…NOT ___________
4. Has had some dealings with any party before in court or otherwise, rendering him unable to __________
5. He is to be a _________ at trial or was a witness before the Grand Jury or preliminary hearing
6. He served on a jury before in a ________ or ____________ action involving the same incident or served on the Grand Jury that directed the filing of this case by prosecutor’s information

Answer 8

judiciary law….. an impartial ……. sixth degree …….. court employee…. be impartial…. witness…. civil or criminal

Question 9

360.25- Challenge for cause (Local Criminal Court)

All issues of fact or questions of law arising on the challenge must be tried and determined by __________

Answer 9

the court

Question 10

360.30- Peremptory challenges (Local Criminal Court)

A peremptory challenge is a challenge to a prospective juror for which no reason need be given. Each side is allowed _________ peremptory challenges. Multiple defendants are counted as one and majority rules in voting

Answer 10

THREE (3)

Question 11

360.35- Alternate Juror (Local Criminal Court)

________________ alternate jurors MAY be selected immediately after the last trial juror is sworn.

Answer 11

ONE (1) or TWO (2)

Question 12

360.35- Alternate Juror (Local Criminal Court)

The alternate jurors must be drawn in the same manner, meet the same qualifications and be subject to the same examination and challenges

Answer 12

xx

Question 13

360.35- Alternate Juror (Local Criminal Court)

__________ peremptory challenge(s) is allowed for alternates regardless if there are one or two alternates, or whether any peremptory challenges were used for the selection of regular jurors

Answer 13

Only ONE(l)

Question 14

360.40- Conduct of Jury Trial (Local Criminal Court)

The same rules apply here as for a jury trial of an indictment in Superior court, ex: preliminary instructions, motion practice, etc.

According to 300.50, If an information contains very complex counts (combinations of concurrent or inconsistent) follow 300.40

Answer 14

xx

Question 15

360.45- Court’s charge (Local Criminal Court)

The same rules apply in local criminal court for the court’s charge to the jury and instructions, as they exist in the Superior court. See CPL 300.10.

Answer 15

xx

Question 16

360.50- Submission of counts and offenses to the jury (Local Criminal Court)

• The court may submit only those counts to the jurors supported by legally sufficient __________ , and every count not so supported should be __________ by trial order of dismissal.
• If the evidence supports a _________ instead of the top Misdemeanor charge the court may submit such lesser included offense and MUST do so if requested by the _________

Answer 16

trial evidence…… dismissed ……. lesser included offense……. people

Question 17

360.50- Submission of counts and offenses to the jury (Local Criminal Court)

• If the information contains but ________ , the court MUST submit such count
• If it contains multiple __________ counts, the court MUST submit every count

Answer 17

one count………. consecutive

Question 18

360.50- Submission of counts and offenses to the jury (Local Criminal Court)

The court is not required to submit any count if __________ consent to it not being submitted

Answer 18

the people

Question 19

360.50- Submission of counts and offenses to the jury (Local Criminal Court)

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

Answer 19

dismissed

Question 20

360.50- Submission of counts and offenses to the jury (Local Criminal Court)

Where the court over objection of the people refuses to submit a count __________ to all other counts submitted, such count is deemed to have been ___________ by trial order of dismissal.

Answer 20

Consecutive ….. dismissed

Question 21

360.55 - Deliberation and verdict of jury (Local Criminal Court)
The provisions of CPL 300.10 for the deliberations and the verdict of the jury for an indictment in the Superior Court are applicable here

Answer 21

xx