CPL Article 1 Flashcards
CPL 1.20 A Felony complaint is filed in which court?
lower criminal court.
CPL 1.20 A misdemeanor 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
CPL 1.20 T/F? The district court is a superior court.
False. The district court is a local criminal court.
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 commences a criminal action? (1-information; 2-prosecutor’s information; 3-superior court information).
1-information
CPL 1.20 Can a misdemeanor or felony complaint be used as the basis of prosecution?
No. Exception: misdemeanor complaint can be used as basis for prosecution IF defendant consents.
CPL 1.20 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. A prosecutor’s information charges one or more offenses, NONE of which is a felony.
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.
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. The Court If Appeals is NOT an intermediate appellate court. It is the highest court in NYS.
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 trial jurisdiction over all offenses.
False. Local criminal courts do not have trial jurisdiction over felonies.
CPL 1.20 T/F? An appearance ticket is an accusatory instrument.
False. An appearance ticket is NOT one of the 7 accusatory instruments.
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. A bench warrant is used to bring a person at a time after he has been arraigned.
CPL 1.20 T/F? A summons can be issued before an accusatory instrument is filed.
False. A summons is issued AFTER an accusatory instrument is filed.
CPL 1.20 T/F? A warrant of arrest can be issued only after accusatory instrument has been filed.
True. a warrant of arrest can be issued only after accusatory instrument has been filed.
CPL 1.20 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 a __________.
Misdemeanor
