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Criminal Procedure, Penal Law, Uniform Rules, Vehicle and Traffic Law 2024 > CPL Article 1 > Flashcards

CPL Article 1 Flashcards

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1
Q

A felony complaint is filed in which court?

A

LCC (Lower criminal court)

CPL 1.20

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2
Q

A misdemeanor complaint is filed in which court?

A

LCC

CPL 1.20

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3
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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4
Q

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

A

court

CPL 1.20

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5
Q

T/F The district court is a superior court.

A

False

CPL 1.20

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6
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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7
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 because it is used after felony complaint has been filed if defendant waives indictment and DA consents

CPL 1.20

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8
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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9
Q

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

A

True.

CPL 1.20

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10
Q

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

A

False

CPL 1.20

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11
Q

A court acquires personal jurisdiction over a defendant at ______.

A

Arraignment

CPL 1.20

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12
Q

A criminal jury trial commences with the ______.

A

selection of the jury.

CPL 1.20

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13
Q

A criminal non-jury trial commences with the ___________.

A

first opening address, or if there is none, when the first witness is sworn.

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14
Q

Conviction means verdict of guilty or _______.

A

entry to plea of guilty

CPL 1.20

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15
Q

A criminal judgment is comprised of ____ and ____.

A

conviction and sentence.

CPL 1.20

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16
Q

A criminal action commences with the filing of ________.

A

the accusatory instrument

CPL 1.20

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17
Q

The two superior criminal courts are _____ and _____.

A

Supreme Court and County Court

CPL 1.20

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18
Q

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

A

LCC

CPL 1.20

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19
Q

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

A

False.

CPL 1.20

20
Q

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

A

Trial

CPL 1.20

21
Q

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

A

False

CPL 1.20

22
Q

T/F An appearance ticket is an accusatory instrument.

A

False

CPL 1.20

23
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

24
Q

An appearance ticket is issued by ______.

A

A public servant

CPL 1.20

25
Q

A bench warrant is issued by ______.

A

Criminal court

CPL 1.20

26
Q

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

A

False

CPL 1.20

27
Q

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

A

False

CPL 1.20

28
Q

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

A

True

CPL 1.20

29
Q

Every accusatory instrument must be entitled, “______” against designated defendant.

A

The people of the state of New York

CPL 1.20

30
Q

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

A

False

CPL 1.20

31
Q

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

A

Indictment and superior court information

CPL 1.20

32
Q

Simplified informations are used in _____ ____ courts

A

LCC

CPL 1.20

33
Q

A prosecutor’s information is used in ____ ___ courts.

A

LCC

CPL 1.20

34
Q

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

A

Simplified informations

CPL 1.20

35
Q

A Superior court information is filed by the _____

A

D.A.

CPL 1.20

36
Q

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

A

Misdemeanor

CPL 1.20

37
Q

Which of the following are local criminal courts?
1. Justice courts and district courts
2. County courts and supreme courts
3. Village court and town courts
4. Appellate division and court of appeals
A. 2 and 4 only
B. 4 only
C. 1 and 2 only
D. 1 and 3 only

A

D. 1 and 3 only

CPL 1.20

38
Q

A(n) ______ 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

D. Summons

CPL 1.20

39
Q

An information is filed with the LCC and ______
A. Charges at least one misdemeanor
B. Charges 1 or more offenses, one a felony.
C. Charges at least two felonies
D. Charges at least one offense, none a felony

A

D. Charges at least one offense, none a felony

CPL 1.20

40
Q

A criminal trial commences with
A. Selection of the jury, if a jury trial
B. First opening address, or if none, when first witness is sworn (non-jury)
C. Both A and B
D. None of the above

A

C. Both A and B

CPL 1.20

41
Q

Conviction means
A. Entry of a plea of guilty before trial
B. A verdict of guilty after trial
C. The filing of an indictment
D. Entry of a plea of guilty or a verdict of guilty

A

D. Entry of a plea of guilty or a verdict of guilty

CPL 1.20

42
Q 
A criminal judgment is made up of conviction plus \_\_\_\_\_\_.
A. Release of bail
B. Sentence 
C. Filing with DCJS
D. Imposition of statutory fines
A

B. Sentence

CPL 1.20

43
Q 
Which commence a criminal action?
A. Misdemeanor complaint
B. Summons 
C. Felony complaint and bench warrant
D. Warrant of arrest
A

A. Misdemeanor complaint

CPL 1.20

44
Q 
Which is an appellate court?
A. Appellate division 
B. Justice Court
C. Criminal Court (NYC)
D. District Court
A

A. Appellate division

CPL 1.20

45
Q 
A juvenile offender must be of the age of :
A. 7-14
B. 14-18
C. 13-15
D. 13-18
A

C. 13-15

CPL 1.20

Juvenile offender” means (1) a person, thirteen years old who is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25 of the penal
law, or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; and (2) a person fourteen
or fifteen years old who is criminally responsible for acts constituting
the crimes defined in subdivisions one and two of section 125.25 (murder
in the second degree) and in subdivision three of such section provided
that the underlying crime for the murder charge is one for which such
person is criminally responsible; section 135.25 (kidnapping in the
first degree); 150.20 (arson in the first degree); subdivisions one and
two of section 120.10 (assault in the first degree); 125.20
(manslaughter in the first degree); paragraphs (a) and (b) of
subdivision one, paragraphs (a) and (b) of subdivision two and
paragraphs (a) and (b) of subdivision three of section 130.35 (rape in
the first degree); former subdivisions one and two of section 130.35
(rape in the first degree); subdivisions one and two of former section
130.50; 130.70 (aggravated sexual abuse in the first degree); 140.30
(burglary in the first degree); subdivision one of section 140.25
(burglary in the second degree); 150.15 (arson in the second degree);
160.15 (robbery in the first degree); subdivision two of section 160.10
(robbery in the second degree) of the penal law; or section 265.03 of
the penal law, where such machine gun or such firearm is possessed on
school grounds, as that phrase is defined in subdivision fourteen of
section 220.00 of the penal law; or defined in the penal law as an
attempt to commit murder in the second degree or kidnapping in the first
degree, or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law.

46
Q

Which of the following choices lists at least one item that is not an accusatory instrument?
A. An information and misdemeanor complaint
B. Felony complaint and Indictment
C. Superior court information and prosecutors information
D. Warrant of arrest and simplified information

A

D. Warrant of arrest and simplified information

CPL 1.20

47
Q

Which of the following lists the 2 accusatory instruments of the superior courts?
A. Superior court information and felony complaint
B. Superior court information and information
C. Superior court information and indictment
D. Superior court information and simplified information

A

C. Superior court information and indictment

CPL 1.20

Criminal Procedure, Penal Law, Uniform Rules, Vehicle and Traffic Law 2024 (36 decks)

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