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All CPL 2024 > CPL 722 > Flashcards

CPL 722 Flashcards

1
Q

722.00 Probation case plans

  • Juvenile offenders and adolescent offenders may voluntarily participate in services through the local probation department, including alcohol, substance abuse, and mental health treatment which shall continue during the action and further continue where the action is removed in accordance with this article.
  • No statement made to the probation service may be ________________ at a fact-finding hearing at any time prior to conviction.
A

admitted into evidence

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2
Q

722.10 Youth part of a superior court established

There shall be a youth part established in a superior court in each ___________ of the state.

A

county

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3
Q

722.10 Youth part of a superior court established

The youth part has exclusive jurisdiction in proceedings relating to ______________ AND ___________ (except as provided in CPL 725).

A

juvenile offenders and adolescent offenders

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4
Q

722.10 Youth part of a superior court established

Judges presiding over youth parts shall be ___________

A

family court judges.

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5
Q

722.10 Youth part of a superior court established

Criminal judges shall be designated in each county to serve as _____________ for youths.

A

accessible magistrates

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6
Q

722.20 Proceedings upon felony complaint; juvenile offender

Proceedings upon felony complaint; juvenile offender:

  • If Court is not in session, the defendant shall be brought before the ____________ to determine whether juveniles should be detained.
  • Whether detained or not, defendant must appear at the ___________ of the youth part
A

most accessible magistrate………. next session

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7
Q

722.20 Proceedings upon felony complaint; juvenile offender

Proceedings upon felony complaint; juvenile offender:

If the defendant waives a felony hearing, the defendant must be held for the action of___________

A

the grand jury.

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8
Q

722.20 Proceedings upon felony complaint; juvenile offender

Proceedings upon felony complaint; juvenile offender:

If there is a felony hearing:

  1. If there is reasonable cause to believe that defendant under the age of 16 has committed an act for which he is ________________ , defendant must be held for the action of the grand jury.
A

criminally responsible

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9
Q

722.20 Proceedings upon felony complaint; juvenile offender

Proceedings upon felony complaint; juvenile offender:

If there is a felony hearing:

  1. If there is reasonable cause to believe that defendant under the age of 16 has committed an act for which he is criminally responsible BUT there is reasonable cause to believe that the defendant is a “juvenile delinquent”, the action shall be _____________ as per CPL 725.
A

removed to the family court

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10
Q

722.20 Proceedings upon felony complaint; juvenile offender

Proceedings upon felony complaint; juvenile offender:

If there is a felony hearing:

  1. If there is NOT reasonable cause to believe that defendant committed a criminal act, court must ______________ the felony complaint and discharge the defendant and exonerate the bail, if any.
A

dismiss

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11
Q

722.20 Proceedings upon felony complaint; juvenile offender

Proceedings upon felony complaint; juvenile offender:

If there is a felony hearing:

Notwithstanding 2 and 3. above, the court, upon request of DA, may order removal to family court as per CPL 725 in the interests of justice.

However, certain felonies (murder in the second degree, rape 1, criminal sexual act 1, or an armed felony) require a finding of:

  • (i) mitigating circumstances that bear directly upon the manner in which the crime was committed; or
  • (ii) where the defendant was not the sole participant in the crime, the defendant’s participation was relatively minor although not so minor as to constitute a defense to the prosecution; or
  • (iii) possible deficiencies in proof of the crime.
A

XX

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12
Q

722.20 Proceedings upon felony complaint; juvenile offender

Proceedings upon felony complaint; juvenile offender:

If there is a felony hearing:

5

Notwithstanding 2, 3, 4, above, the ___________ may move to remove the action to the family court pursuant to CPL 722.22.

A

defendant

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13
Q

722.20 Proceedings upon felony complaint; juvenile offender

Proceedings upon felony complaint; juvenile offender

If there is a felony hearing:

  1. If the defendant testifies, his testimony shall not be used against him in a future proceeding, except to ________________ as inconsistent prior testimony.
A

impeach his testimony

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14
Q

722.21 Proceedings upon felony complaint; adolescent offender

Proceedings upon felony complaint; adolescent offender:

If the youth part is not in session, the defendant must be brought before the __________ appointed by the appellate division of the supreme court.

  • If detained, the defendant must appear at the _____________ of the youth part.
  • If not detained, the defendant must be ordered to appear at the ___________ of the youth part.
A

most accessible magistrate……….. next session……… next session

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15
Q

722.21 Proceedings upon felony complaint; adolescent offender

Proceedings upon felony complaint; adolescent offender:

  1. If the defendant waives a felony hearing, he must be held for ___________ .
A

the action of the grand jury

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16
Q

722.21 Proceedings upon felony complaint; adolescent offender

Proceedings upon felony complaint; adolescent offender:

3 If there is a hearing, disposition must be as follows:

(a) If there is reasonable cause to believe defendant committed a felony, court must order that he be held for the _________
(b) If there is no reasonable cause that defendant committed a felony, but there is reasonable cause to believe that defendant is _______________ , court must transfer case to family court as per CPL 725.
(C) if no reasonable cause that a criminal act was committed, court must ___________ the felony complaint and discharge the defendant from custody, and exonerate bail, if any.

A

action of the grand jury………. a juvenile delinquent……. dismiss

17
Q

722.21 Proceedings upon felony complaint; adolescent offender

Proceedings upon felony complaint; adolescent offender:

Notwithstanding the provisions of subdivisions two and three above, where the defendant is charged with:

  • a felony except a class A felony (however, a PL 220 Controlled Substances Offense class A Felony CAN BE REMOVED), or a violent felony listed in CPL 1.20,
  • the court shall, upon notice from the district attorney that he or she will not file a motion to prevent removal pursuant to section 722.23 of this article, order transfer of an action against an adolescent offender to the family court.
A

XX

18
Q

722.21 Proceedings upon felony complaint; adolescent offender

Proceedings upon felony complaint; adolescent offender:

  1. Generally, not withstanding 2 and 3, above, at the request of the DA, court shall order removal of action to the family court for offenses listed in CPL 722.23(2)a
  • CANNOT BE REMOVED:
    • Class A felony (other than PL220 substance abuse offenses) or
    • a PL 70.02 violent felony
  • However, for certain felonies, __________ are required for removal order.
A

mitigating circumstances

19
Q

722.21 Proceedings upon felony complaint; adolescent offender

Proceedings upon felony complaint; adolescent offender:

6

Removal to Family Court

(a) Court must state on record the reasons for removal.
(b) DA must state on record the reasons for his consent.
(c) If defendant testifies, his testimony may not be introduced in any future proceedings (except as inconsistent testimony).
(d) Generally, this section does not limit powers of the grand jury, except as in (e), below.
(e) If action is removed to the family court, there shall be no further proceedings in any local or superior criminal court.

A

xx

20
Q

722.22 Motion to remove juvenile offender to family court

  1. A motion for removal to the family court may be made by any party and by court, and court may grant motion:
  • (a) in the interests of justice
  • (b) Court may also order removal where charge is murder in the second degree, rape in the first degree, criminal sexual assault in the first degree, or an armed felony, only if there are mitigating circumstances or defendant was not the sole participant and role was minor, or deficiencies in proof of the crime.
  1. In making its determination, court shall consider the 8 factors listed in this section.
  2. Motion must be as per CPL 210.45 (In writing and with notice to the people).
  3. If defendant testifies, his testimony shall not be used against him in a future proceeding, except to impeach his testimony as inconsistent prior testimony.
  4. Court must state on record the reasons for removal.
    • DA must state on record the reasons for his consent.
A

xx

21
Q

722.23 Removal of adolescent offenders to family court

Removal of adolescent offenders to family court:

Generally, following the arraignment of a defendant charged with a _______ committed when he or she was the age of 16 or 17, starting 10/1/2019, the case shall be removed to family Court.

  • There are situations where the case cannot or shall not be removed.
A

crime

22
Q

722.23 Removal of adolescent offenders to family court

Removal of adolescent offenders to family court:

The following cases CANNOT be removed to Family Court as adolescent offenders:

  • Class __________ (other than PL 220 - Controlled substance offense),
  • a ___________ felony PL 70.02,
  • An ______________ felony described in CPL 1.20 (41)
    • (a) possession, being armed with or causing serious physical injury by means of a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable of producing death or other serious physical injury may be discharged; or
    • (b) display of what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.
  • KNOW THIS **An offense in the ______________ **
A

A felony…. violent……….. armed violent ……. vehicle and traffic law.

23
Q

722.23 Removal of adolescent offenders to family court

Removal of adolescent offenders to family court:

  • Court shall order removal UNLESS DA gives notice within ________ of arraignment that he will file a motion to prevent removal.
  • (b) Motion to prevent removal shall be in writing and with notice to defendant.
  • (C) Hearing shall be held expeditiously.
  • (D) Court shall deny motion unless it finds that extraordinary circumstances exist to prevent transfer to the family court.
  • (e) Court determination shall be in writing or on the record within _______ of conclusion of hearing or final submission of papers, whichever is later.
  • (f) there shall be a presumption against custody and case planning services shall be made available to the defendant.
  • (g) Section 303.1(procedure rules) shall apply to cases transferred to the family court.
  • (h) In any case, court (with the consent of all parties) may order transfer to the family court.
A

30 days …. 5 days

24
Q

722.23 Removal of adolescent offenders to family court

Removal of adolescent offenders to family court:

  1. (a) Upon the arraignment of a defendant charged with a crime committed at the age of 16 (or 17, starting 10/1/2019). EXCEPT for charges of Class A felony (other than PL 220 - Controlled substance), a violent felony PL 70.02,
    (b) court shall schedule an appearance within __________ to review the accusatory instrument,
    (C) action shall be removed as per section 1 of this section, unless DA proves by a preponderance of the evidence two or more of the following:

(1) defendant caused significant physical injury
(2) defendant displayed a firearm, shotgun, rifle or deadly weapon
(3) defendant engaged in unlawful sexual intercourse, oral sexual conduct, anal sexual conduct (PL: 130.00).
(d) Determination shall be in writing or on the record.
(f) In any case, court (with the consent of all parties) may order transfer to the family court.

A

6 days

25
Q

722.23 Removal of adolescent offenders to family court

Removal of adolescent offenders to family court:

3
(a) In any case if charges are reduced so that case qualifies for removal under 1 and 2, above, court may sua sponte or on motion of defendant order removal

DA has __________ to file motion to prevent removal.

A

30 days

26
Q

722.23 Removal of adolescent offenders to family court

Removal of adolescent offenders to family court:

4

  • Defendant may waive opportunity for ____________ to Family Court.
  • Waiver must made by the defendant knowingly, voluntarily, in open court, with presence and approval of counsel.
A

removal

27
Q

722.24 Applicability of chapter to actions and matters involving juvenile offenders or adolescent offenders.

Unless where inconsistent with this article, all provisions of the ________ shall apply to all criminal actions and proceedings, including appeals and post judgment motions involving a juvenile offender or adolescent offender.

A

CPL

All CPL 2024 (54 decks)

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