CPL Article 100

Question 1

How may LCC accusatory instruments are there?

Answer 1

5 (CPL 100.05)

Question 2

Name the LCC accusatory instruments.

Answer 2

The 5 lower criminal court accusatory instrument are:
1. Information
2. Simplified information
3. Prosecutor’s information
4. Misdemeanor complaint
5. felony complaint. (CPL 100.05)

Question 3

T/F?
Informations can only commence a criminal action.

Answer 3

False. (CPL 100.10)
Informations can commence a criminal action AND serve as the basis for prosecution.

Question 4

A prosecutor’s information is a written accusation filed by _____ , either at direction of the grand jury or at the direction of the LCC, or at ____’s own instance, and charges offense(s) less than a felony.

Answer 4

DA….DA (CPL 100.10)

Question 5

A _________ is a verified written accusation by person charging offense(s), at least one of which is a misdemeanor, and none is a felony.

Answer 5

Misdemeanor complaint (CPL 100.10)

Question 6

A _______ is a verified written accusation by a person charges offense(s), one or more of which must be felonies

Answer 6

Felony complaint (CPL 100.10)

Question 7

T/F?
Prosecutor’s information and superior court information are filed in superior courts.

Answer 7

False. (CPL 100.05)
Lower Criminal Courts

Question 8

Criminal court and FC have concurrent jurisdiction over ________.

Answer 8

Family offenses (CPL 100.07)

Question 9

T/F?
Informations cannot serve as the basis for prosecution.

Answer 9

False (CPL 100.10)

Question 10

The two parts of an accusatory instrument are the _______ part and the ________ part.

Answer 10

Accusatory…..Factual (CPL 100.15)

Question 11

A supporting deposition is filed by _____________.

Answer 11

Someone other than complainant (CPL 100.20)

Question 12

Which is a LCC accusatory instrument?
A. an indictment
B. a superior court information
C. a felony complaint
D. None of the above

Answer 12

C. a felony complaint (CPL 100.05)

Question 13

Which of the following statements is false?
A. a complaint must specify the name of the court in which it is filed
B. the accusatory part must designate the offense(s) charged
C. accusatory part must contain statement by complainant
D. a complaint must specify the title of the action

Answer 13

C. accusatory part must contain statement by complainant (CPL 100.15)

Question 14

Which is not correct?
A. simplified traffic information can charge a traffic infraction(s) and/or misdemeanor relating to
traffic.
B. simplified traffic information can only be issued by a police officer
C. simplified traffic information is filed with the LCC
D. simplified traffic information is in a brief & simplified form

Answer 14

B simplified traffic information can only be issued by a police officer (CPL 100.10)

Question 15

Information, misdemeanor complaints and felony complaints must:
1. specify name of court filed and title of action,
2. be subscribed and verified by complaint (as factual part, based on information and belief),
3. contain an accusatory part and factual part.
A. 1, 2 and 3
B. 1 and 3
C. 2 and 3
D. 1 and 2

Answer 15

A. 1, 2 and 3 (CPL 100.15)

Question 16

Which is not correct?
A. a police officer can issue a simplified traffic information
B. A prosecutor’s information is a written accusation by a DA
C. a felony complaint must charge at least one crime
D. a misdemeanor complaint can also charge a violation

Answer 16

C. (CPL 100.10)
a felony complaint must charge at least one FELONY

Question 17

Which of the following choices is not correct? Verification of information, misdemeanor complaint, felony complaint, supporting depositions may be done:
A. in court in which it is filed or before a notary public
B. in front of arresting police officer
C. before a desk officer in charge of police
D. before an authorized public servant

Answer 17

B. in front of arresting officer (CPL 100.30)

Question 18

Which of the following choices is not correct? An accusatory instrument is “sufficient on its face” when it:
1. conforms to the requirements of this article,
2. allegations and supporting depositions provide “proof beyond a reasonable doubt”
3. non-hearsay allegations, if true, establish every element of offense charged.
A. 3 only
B. 2 and 3
C. 2
D. 1, 2 and 3

Answer 18

C. 2. allegations and supporting depositions provide “proof beyond a reasonable doubt”
(CPL 100.40)