CPL Article 1 Flashcards
A felony complaint is filed in which court?
LCC (Lower criminal court)
CPL 1.20
A misdemeanor complaint is filed in which court?
LCC
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 a defendant’s guilt or innocence (after a jury trial), or the ______ (after a non-jury trial).
court
CPL 1.20
T/F The district court is a superior court.
False
CPL 1.20
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 because it is used after felony complaint has been filed if defendant waives indictment and DA consents
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 of prosecution.
True.
CPL 1.20
T/F A prosecutor’s information may charge a felony.
False
CPL 1.20
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.
Conviction means verdict of guilty or _______.
entry to plea of guilty
CPL 1.20
A criminal judgment is comprised of ____ and ____.
conviction and sentence.
CPL 1.20
A criminal action commences with the filing of ________.
the accusatory instrument
CPL 1.20
The two superior criminal courts are _____ and _____.
Supreme Court and County Court
CPL 1.20
District Court, NYC Criminal Court and Justice Courts are what types of courts?
LCC
CPL 1.20
T/F The Court of Appeals is an intermediate appellate court.
False.
CPL 1.20
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 a trial jurisdiction over all offenses.
False
CPL 1.20
T/F An appearance ticket is an accusatory instrument.
False
CPL 1.20
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
T/F A summons can be issued before an accusatory instrument is filed
False
CPL 1.20
T/F A warrant of arrest can be issued only after accusatory instrument has been filed
True
CPL 1.20
Every accusatory instrument 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 be 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
LCC
CPL 1.20
A prosecutor’s information is used in ____ ___ courts.
LCC
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 a _____.
Misdemeanor
CPL 1.20
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
D. 1 and 3 only
CPL 1.20
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.
D. Summons
CPL 1.20
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
D. Charges at least one offense, none a felony
CPL 1.20
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
C. Both A and B
CPL 1.20
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 plea of guilty or s verdict of guilty
D. Entry of a plea of guilty or a verdict of guilty
CPL 1.20
A criminal judgment is made up of conviction plus \_\_\_\_\_\_. A. Release of bail B. Sentence C. Filing with DCJS D. Imposition of statutory fines
B. Sentence
CPL 1.20
Which commence a criminal action? A. Misdemeanor complaint B. Summons C. Felony complaint and bench warrant D. Warrant of arrest
A. Misdemeanor complaint
CPL 1.20
Which is an appellate court? A. Appellate division B. Justice Court C. Criminal Court (NYC) D. District Court
A. Appellate division
CPL 1.20
A juvenile offender must be of the age of : A. 7-14 B. 14-18 C. 13-15 D. 13-18
C. 13-15
CPL 1.20
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
D. Warrant of arrest and simplified information
CPL 1.20
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
C. Superior court information and indictment
CPL 1.20