CPL Article 1

Question 1

CPL 1.20 A Felony complaint is filed in which court?

Answer 1

lower criminal court.

Question 2

CPL 1.20 A misdemeanor complaint is filed in which court?

Answer 2

lower criminal court.

Question 3

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.

Answer 3

arraignment

Question 4

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).

Answer 4

court

Question 5

CPL 1.20 T/F? The district court is a superior court.

Answer 5

False. The district court is a local criminal court.

Question 6

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.

Answer 6

summons

Question 7

CPL 1.20 Of the following which one commences a criminal action? (1-information; 2-prosecutor’s information; 3-superior court information).

Answer 7

1-information

Question 8

CPL 1.20 Can a misdemeanor or felony complaint be used as the basis of prosecution?

Answer 8

No. Exception: misdemeanor complaint can be used as basis for prosecution IF defendant consents.

Question 9

CPL 1.20 T/F? All informations can serve as the basis for prosecution.

Answer 9

True

Question 10

CPL 1.20 T/F? A prosecutor’s information may charge a felony.

Answer 10

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

Question 11

CPL 1.20 A Court acquires personal jurisdiction over a defendant at ________.

Answer 11

arraignment

Question 12

CPL 1.20 A criminal jury trial commences with the ________.

Answer 12

selection of the jury.

Question 13

CPL 1.20 A criminal non-jury trial commences with the ___________.

Answer 13

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

Question 14

CPL 1.20 Conviction means verdict of guilty or _________.

Answer 14

entry of a plea of guilty.

Question 15

CPL 1.20 A criminal judgement is comprised of _____ and ______.

Answer 15

conviction and sentence.

Question 16

CPL 1.20 A criminal action commenced with the filing of ____________.

Answer 16

the accusatory instrument.

Question 17

CPL 1.20 The two superior criminal courts are _______ and _______.

Answer 17

Supreme Court and the County Court.

Question 18

CPL 1.20 District Court, NYC Criminal Court, and Justice Court’s are what types of courts?

Answer 18

local criminal courts.

Question 19

CPL 1.20 T/F? The Court of Appeals is an intermediate appellate court.

Answer 19

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

Question 20

CPL 1.20 When a Court has authority to finally dispose of a case, it is said to have ________ jurisdiction.

Answer 20

trial

Question 21

CPL 1.20 T/F? Local criminal courts have trial jurisdiction over all offenses.

Answer 21

False. Local criminal courts do not have trial jurisdiction over felonies.

Question 22

CPL 1.20 T/F? An appearance ticket is an accusatory instrument.

Answer 22

False. An appearance ticket is NOT one of the 7 accusatory instruments.

Question 23

CPL 1.20 Which of the following are accusatory instruments?

1. summons
2. warrant of arrest
3. desk appearance ticket
4. felony complaint

Answer 23

4. Felony complaint

Question 24

CPL 1.20 An appearance ticket is issued by _______________.

Answer 24

a public servant

Question 25

CPL 1.20 A bench warrant is issued by __________.

Answer 25

criminal court.

Question 26

CPL 1.20 T/F? A bench warrant is used to bring a person in for arraignment.

Answer 26

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

Question 27

CPL 1.20 T/F? A summons can be issued before an accusatory instrument is filed.

Answer 27

False. A summons is issued AFTER an accusatory instrument is filed.

Question 28

CPL 1.20 T/F? A warrant of arrest can be issued only after accusatory instrument has been filed.

Answer 28

True. a warrant of arrest can be issued only after accusatory instrument has been filed.

Question 29

CPL 1.20 Every accusatory must be entitled “_____________” against designated defendant.

Answer 29

“the people of the State of New York”

Question 30

CPL 1.20 T/F? For an act to be classified as an armed felony, a deadly weapon must have caused serious physical injury.

Answer 30

False

Question 31

CPL 1.20 The two accusatory instruments of the superior courts are ______ and _______.

Answer 31

Indictment and superior court information

Question 32

CPL 1.20 Simplified informations are used in ______ courts.

Answer 32

Local criminal courts

Question 33

CPL 1.20 A prosecutor’s information is used in _______ courts.

Answer 33

Local criminal courts

Question 34

CPL 1.20 Informations filed by a police officer or other public servant are called _________.

Answer 34

Simplified informations

Question 35

CPL 1.20 A Superior court information is filed by the ______.

Answer 35

D.A.

Question 36

CPL 1.20 Misdemeanor complaint charges one or more offenses; at least one must be a __________.

Answer 36

Misdemeanor