CPL Article 1 Flashcards
A Felony complaint is filed in which court?
lower criminal court. (CPL 1.20)
________ 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.
Arraignment ( CPL 1.20)
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
Court (CPL 1.20)
T/F? The district court is a superior court.
False.
(CPL 1.20) The district court is a local criminal court.
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.
Summons (CPL 1.20)
Of the following which one does not commence a criminal action?
1-information;
2-prosecutor’s information;
3-superior court information.
superior court information (CPL 1.20)
Can a misdemeanor or felony complaint be used as the basis of prosecution?
No. (CPL 1.20)
Exception: misdemeanor complaint can be used as basis for prosecution IF defendant consents.
T/F? All informations can serve as the basis for prosecution.
True (CPL 1.20)
T/F? A prosecutor’s information may charge a felony.
False. (CPL 1.20)
A prosecutor’s information charges one or more offenses, NONE of which is a felony.
A Court acquires personal jurisdiction over a defendant at ________.
Arraignment (CPL 1.20)
A criminal jury trial commences with the ________.
selection of the jury. (CPL 1.20)
A criminal non-jury trial commences with the ___________.
first opening address, or if there is none, when the first witness is sworn.
(CPL 1.20)
Conviction means verdict of guilty or _________.
entry of a plea of guilty. (CPL 1.20)
A criminal judgement is comprised of _____ and ______.
conviction and sentence. (CPL 1.20)
A criminal action commenced with the filing of ____________.
the accusatory instrument. (CPL 1.20)
The two superior criminal courts are _______ and _______.
Supreme Court and the County Court. (CPL 1.20)
District Court, NYC Criminal Court, and Justice Court’s are what types of courts?
local criminal courts. (CPL 1.20)
T/F? The Court of Appeals is an intermediate appellate court.
False. (CPL 1.20) The Court If Appeals is NOT an intermediate appellate court. It is the highest court in NYS.
When a Court has authority to finally dispose of a case, it is said to have ________ jurisdiction.
Trial (CPL 1.20)
T/F? Local criminal courts have trial jurisdiction over all offenses.
False. (CPL 1.20) Local criminal courts do not have trial jurisdiction over felonies.
T/F? An appearance ticket is an accusatory instrument.
False. (CPL 1.20) An appearance ticket is NOT one of the 7 accusatory instruments.
Which of the following are accusatory instruments?
- summons
- warrant of arrest
- desk appearance ticket
- felony complaint
- Felony complaint (CPL 1.20)
An appearance ticket is issued by _______________.
a public servant (CPL 1.20)
A bench warrant is issued by __________.
criminal court. (CPL 1.20)
T/F? A bench warrant is used to bring a person in for arraignment.
False. (CPL 1.20) A bench warrant is used to bring a person at a time after he has been arraigned.
T/F? A summons can be issued before an accusatory instrument is filed.
False. (CPL 1.20) A summons is issued AFTER an accusatory instrument is filed.
T/F? A warrant of arrest can be issued only after accusatory instrument has been filed.
True. (CPL 1.20) A warrant of arrest can be issued only after accusatory instrument has been filed.
Every accusatory must be entitled “_____________” against designated defendant.
“The people of the State of New York” (CPL 1.20)
T/F? For an act to be classified as an armed felony, a deadly weapon must have caused serious physical injury.
False (CPL 1.20)
The two accusatory instruments of the superior courts are ______ and _______.
Indictment and superior court information. (CPL 1.20)
Simplified informations are used in ______ courts.
Local criminal courts (CPL 1.20)
A prosecutor’s information is used in _______ courts.
Local criminal courts (CPL 1.20)
Informations filed by a police officer or other public servant are called _________.
Simplified informations (CPL 1.20)
A Superior court information is filed by the ______.
D.A. (CPL 1.20)
Misdemeanor complaint charges one or more offenses; at least one must be _________.
Misdemeanor (CPL 1.20)
Informations filed by a police officer or other public servant are called
Simplified informations (CPL 1.20)
Misdemeanor complaint charges one or more offenses; at least one must be _____________
Misdemeanor (CPL 1.20)
T/F? A prosecutor’s information may charge a felony
False (CPL 1.20)
Of the following which one does not commence a criminal action?
- Information
- Prosecutor’s information
- Superior court information
- Superior court information (CPL 1.20)
Can a misdemeanor or felony complaint be used as the basis of prosecution?
No. (CPL 1.20) Except that a misdemeanor complaint could be used as basis of prosecution if the defendant consents to it.
The two accusatory instruments of the superior court are
Indictment and superior court information (CPL 1.20)
A court acquired personal jurisdiction over a defendant at ____________
Arraignment (CPL 1.20)
A criminal jury trial commences with the ________________
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)
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 aboveB. ll and lV felony complaints and misdemeanor complaints. (CPL 1.20-2)
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.
D. Without exception. (CPL 1.20-1)
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
D. (CPL 1.20-4) a verified written accusation which can be made only by a district attorney
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. All offenses (CPL 1.20)
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
C. a summons (CPL 1.20-27)
Select the correct answer. Petty offenses include:
A. violations, only
B. violations and misdemeanors
C. traffic infractions and violations
D. all offenses
C. traffic infractions and violations (CPL 1.20-39)
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
D. (CPL 1.20) any offense, with at least one being a crime, but none being a felony
