CPL 722 Flashcards
What must juvenile offenders and adolescent offenders be notified of at arraignment under CPL 722.00?
They must be notified that they 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.
Under CPL 722.00, can statements made to the probation service be admitted into evidence at a fact finding hearing before conviction?
No, statements made to the probation service may not be admitted into evidence at a fact finding hearing at any time prior to conviction.
Where is the youth part of a superior court established under CPL 722.10?
A youth part is established in a superior court in each county of the state.
What type of jurisdiction does the youth part have under CPL 722.10?
The youth part has exclusive jurisdiction in proceedings relating to juvenile offenders and adolescent offenders (16 years old charged with a felony), except as provided in CPL 725.
Who presides over the youth part according to CPL 722.10?
Family court judges shall preside over the youth part.
What designation is made for criminal judges in each county under CPL 722.10?
Criminal judges shall be designated in each county to serve as accessible magistrates.
What must happen if the court is not in session under CPL 722.20?
The defendant shall be brought before the most accessible magistrate to determine whether the juvenile should be detained.
What must occur regardless of whether the defendant is detained or not, under CPL 722.20?
The defendant must appear at the next session of the youth part.
What must happen if the defendant waives a felony hearing under CPL 722.20?
The defendant must be held for the action of the grand jury.
What must happen if there is reasonable cause to believe that a defendant under the age of 16 has committed an act for which they are criminally responsible, during a hearing under CPL 722.20?
The defendant must be held for the action of the grand jury.
Under CPL 722.20, what happens if there is no reasonable cause to believe that a defendant under the age of 16 has committed an act for which they are criminally responsible, but there is reasonable cause to believe that they are a juvenile delinquent?
The action shall be removed to the family court as per CPL 725.
What must happen under CPL 722.20 if there is no reasonable cause to believe the defendant committed a criminal act?
The court must dismiss the felony complaint, discharge the defendant, and exonerate the bail, if any.
What may the court do upon request of the District Attorney (DA) under CPL 722.20, notwithstanding sections 2 and 3?
The court may order removal to family court as per CPL 725 in the interests of justice.
What findings are required for certain felonies to be removed to family court under CPL 722.20?
There must be a finding of mitigating circumstances, or that the defendant was not the sole participant and had a minor role, or there are deficiencies in proof of the crime.
Under CPL 722.20, what may the defendant do notwithstanding sections 2, 3, and 4?
The defendant may move to remove the action to family court pursuant to CPL 722.22.
What restriction is placed on the use of a defendant’s testimony under CPL 722.20?
If the defendant testifies, their testimony shall not be used against them in a future proceeding, except to impeach their testimony as inconsistent prior testimony.
What must happen if the youth part is not in session for arraignment?
The defendant must be brought before the most accessible magistrate appointed by the appellate division of the Supreme Court.
If a defendant is detained, when must they appear under CPL 722.21?
The defendant must appear at the next session of the youth part.
If a defendant is not detained, what must be ordered under CPL 722.21?
The defendant must be ordered to appear at the next session of the youth part.
What must happen if a defendant waives a felony hearing?
The defendant must be held for the action of the grand jury.
What must the court do if there is reasonable cause to believe the defendant committed a felony?
The court must order that the defendant be held for the action of the grand jury.
What must happen if there is no reasonable cause that the defendant committed a felony, but reasonable cause exists to believe the defendant is a juvenile delinquent?
The court must transfer the case to family court as per CPL 725.
What must the court do if there is no reasonable cause to believe that a criminal act was committed?
The court must dismiss the felony complaint, discharge the defendant from custody, and exonerate bail, if any.
What is required for the removal of certain felony cases to family court under CPL 722.21?
For certain felonies, mitigating circumstances are required for a removal order.
What must the court state on record under CPL 722.21 regarding removal?
The court must state on record the reasons for removal.
What must the district attorney state on record under CPL 722.21 regarding removal?
The district attorney must state on record the reasons for their consent.
Under CPL 722.21, can a defendant’s testimony be introduced in future proceedings?
No, the defendant’s testimony may not be introduced in any future proceedings, except as inconsistent testimony.
What happens if an action is removed to the family court under CPL 722.21?
There shall be no further proceedings in any local or superior criminal court.
