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CPL > CPL Article 1 > Flashcards

CPL Article 1 Flashcards

1
Q

A Felony complaint is filed in which court?

A

lower criminal court. (CPL 1.20)

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2
Q

________ means the appearance in court of a defendant after an accusatory instrument has been filed for the purpose of the court acquiring personal jurisdiction over a defendant.

A

Arraignment ( CPL 1.20)

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3
Q

A verdict is the announcement by the jury of its decision upon defendant’s guilt or innocence (after a jury trial), or the ________ (after a non-jury trial).
Court

A

Court (CPL 1.20)

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4
Q

T/F? The district court is a superior court.

A

False.

(CPL 1.20) The district court is a local criminal court.

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5
Q

A _______ means any written notice issued by a public servant, requiring a person to appear before a local criminal court in connection with an accusatory instrument filed by which a criminal action has already been commenced.

A

Summons (CPL 1.20)

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6
Q

Of the following which one does not commence a criminal action?
1-information;
2-prosecutor’s information;
3-superior court information.

A

superior court information (CPL 1.20)

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7
Q

Can a misdemeanor or felony complaint be used as the basis of prosecution?

A

No. (CPL 1.20)

Exception: misdemeanor complaint can be used as basis for prosecution IF defendant consents.

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8
Q

T/F? All informations can serve as the basis for prosecution.

A

True (CPL 1.20)

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9
Q

T/F? A prosecutor’s information may charge a felony.

A

False. (CPL 1.20)

A prosecutor’s information charges one or more offenses, NONE of which is a felony.

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10
Q

A Court acquires personal jurisdiction over a defendant at ________.

A

Arraignment (CPL 1.20)

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11
Q

A criminal jury trial commences with the ________.

A

selection of the jury. (CPL 1.20)

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12
Q

A criminal non-jury trial commences with the ___________.

A

first opening address, or if there is none, when the first witness is sworn.
(CPL 1.20)

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13
Q

Conviction means verdict of guilty or _________.

A

entry of a plea of guilty. (CPL 1.20)

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14
Q

A criminal judgement is comprised of _____ and ______.

A

conviction and sentence. (CPL 1.20)

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15
Q

A criminal action commenced with the filing of ____________.

A

the accusatory instrument. (CPL 1.20)

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16
Q

The two superior criminal courts are _______ and _______.

A

Supreme Court and the County Court. (CPL 1.20)

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17
Q

District Court, NYC Criminal Court, and Justice Court’s are what types of courts?

A

local criminal courts. (CPL 1.20)

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18
Q

T/F? The Court of Appeals is an intermediate appellate court.

A

False. (CPL 1.20) The Court If Appeals is NOT an intermediate appellate court. It is the highest court in NYS.

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19
Q

When a Court has authority to finally dispose of a case, it is said to have ________ jurisdiction.

A

Trial (CPL 1.20)

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20
Q

T/F? Local criminal courts have trial jurisdiction over all offenses.

A

False. (CPL 1.20) Local criminal courts do not have trial jurisdiction over felonies.

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21
Q

T/F? An appearance ticket is an accusatory instrument.

A

False. (CPL 1.20) An appearance ticket is NOT one of the 7 accusatory instruments.

22
Q

Which of the following are accusatory instruments?

  1. summons
  2. warrant of arrest
  3. desk appearance ticket
  4. felony complaint
A
  1. Felony complaint (CPL 1.20)
23
Q

An appearance ticket is issued by _______________.

A

a public servant (CPL 1.20)

24
Q

A bench warrant is issued by __________.

A

criminal court. (CPL 1.20)

25
Q

T/F? A bench warrant is used to bring a person in for arraignment.

A

False. (CPL 1.20) A bench warrant is used to bring a person at a time after he has been arraigned.

26
Q

T/F? A summons can be issued before an accusatory instrument is filed.

A

False. (CPL 1.20) A summons is issued AFTER an accusatory instrument is filed.

27
Q

T/F? A warrant of arrest can be issued only after accusatory instrument has been filed.

A

True. (CPL 1.20) A warrant of arrest can be issued only after accusatory instrument has been filed.

28
Q

Every accusatory must be entitled “_____________” against designated defendant.

A

“The people of the State of New York” (CPL 1.20)

29
Q

T/F? For an act to be classified as an armed felony, a deadly weapon must have caused serious physical injury.

A

False (CPL 1.20)

30
Q

The two accusatory instruments of the superior courts are ______ and _______.

A

Indictment and superior court information. (CPL 1.20)

31
Q

Simplified informations are used in ______ courts.

A

Local criminal courts (CPL 1.20)

32
Q

A prosecutor’s information is used in _______ courts.

A

Local criminal courts (CPL 1.20)

33
Q

Informations filed by a police officer or other public servant are called _________.

A

Simplified informations (CPL 1.20)

34
Q

A Superior court information is filed by the ______.

A

D.A. (CPL 1.20)

35
Q

Misdemeanor complaint charges one or more offenses; at least one must be _________.

A

Misdemeanor (CPL 1.20)

36
Q

Informations filed by a police officer or other public servant are called

A

Simplified informations (CPL 1.20)

37
Q

Misdemeanor complaint charges one or more offenses; at least one must be _____________

A

Misdemeanor (CPL 1.20)

38
Q

T/F? A prosecutor’s information may charge a felony

A

False (CPL 1.20)

39
Q

Of the following which one does not commence a criminal action?

  1. Information
  2. Prosecutor’s information
  3. Superior court information
A
  1. Superior court information (CPL 1.20)
40
Q

Can a misdemeanor or felony complaint be used as the basis of prosecution?

A

No. (CPL 1.20) Except that a misdemeanor complaint could be used as basis of prosecution if the defendant consents to it.

41
Q

The two accusatory instruments of the superior court are

A

Indictment and superior court information (CPL 1.20)

42
Q

A court acquired personal jurisdiction over a defendant at ____________

A

Arraignment (CPL 1.20)

43
Q

A criminal jury trial commences with the ________________

A

Selection of jury, if it’s a bench trial with opening statements and if no opening statements, when the first witness is sworn in. (CPL 1.20)

44
Q 
Select all correct answers. “Local criminal court accusatory instruments” includes 
     l. Indictments 
     ll. Felony complaints. 
     lll. Superior court information 
     lV. Misdemeanor complaints
A. l and lll
B. ll and lV
C. lll and lV
D. All of the above
A

B. ll and lV felony complaints and misdemeanor complaints. (CPL 1.20-2)

45
Q

Select the correct answer. The state is designated as the plaintiff in every accusatory instrument:
A. Unless the defendant is a corporation
B. Unless the action is prosecuted by the attorney general rather than by a DA
C. Unless the accusatory instrument is a misdemeanor complaint
D. Without exception.

A

D. Without exception. (CPL 1.20-1)

46
Q

Select the correct answer. An prosecutor’s information in a local criminal court is:

A. an unverified written accusation by a person
B. a verified written accusation by a person
C. a verified oral accusation by a person
D. a verified written accusation which can be made only by a district attorney

A

D. (CPL 1.20-4) a verified written accusation which can be made only by a district attorney

47
Q

Select the correct answer. Accusatory instruments are used on behalf of the state as plaintiff to charge:

A. All offenses
B. Only crimes
C. Only felonies
D. Felonies, and only those misdemeanors set forth in the Penal Law

A

A. All offenses (CPL 1.20)

48
Q

Select the correct answer. A process of a local criminal court requiring a defendant to appear before it for arraignment upon a filed accusatory instrument by which a criminal action was commenced is known as:

A. a subpoena
B. an appearance ticket
C. a summons
D. a bench warrant

A

C. a summons (CPL 1.20-27)

49
Q

Select the correct answer. Petty offenses include:

A. violations, only
B. violations and misdemeanors
C. traffic infractions and violations
D. all offenses

A

C. traffic infractions and violations (CPL 1.20-39)

50
Q

A misdemeanor complaint can charge one or more defendants with:

A. only misdemeanors
B. any offense. with at least one being a crime
C. a felony
D. any offense, with at least one being a crime, but none being a felony

A

D. (CPL 1.20) any offense, with at least one being a crime, but none being a felony

CPL (29 decks)

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