CPL Article 180

Question 1

T/F?
A preliminary hearing must be held when a defendant is held on a felony complaint for the action of the grand jury.

Answer 1

False. (CPL 180.10)
Defendant may waive the hearing.

Question 2

T/F?
At felony arraignment a securing order committing defendant to custody must be made.

Answer 2

False. (CPL 180.10)
Securing order can also fix bail or release the defendant on his own recognizance.

Question 3

T/F?
Superior court judge sitting as LCC cannot try an action where offense charged is a felony.

Answer 3

True (CPL 180.20)

Question 4

T/F?
If a felony complaint is replaced by a misdemeanor complaint, the defendant must be arraigned upon the new accusatory instrument.

Answer 4

True (CPL 180.50)

Question 5

T/F?
At a felony hearing the defendant MUST be present.

Answer 5

False. (CPL 180.60)
The defendant may as a matter of right be present.

Question 6

T/F?
At a felony hearing the defendant has the right to call witnesses.

Answer 6

False (CPL 180.60)

Question 7

T/F?
The court’s determination at a felony hearing must be by proof beyond a reasonable doubt.

Answer 7

False (CPL 180.60)
Reasonable cause to believe

Question 8

Removal of juvenile offender case to FC is done pursuant to CPL ______.

Answer 8

725 (CPL 180.75)

Question 9

A defendant held on a felony complaint must be ROR if a felony hearing is not held or complaint remains undisposed for ______.

Answer 9

120 hrs (or 144 hrs, if Sat., Sun., or holiday occurs during that period). (CPL 180.80)