CPL Article 180

Question 1

CPL 180.10 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. Defendant may waive the hearing.

Question 2

CPL 180.10 T/F? At felony arraignment a securing order committing defendant to custody must be made.

Answer 2

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

Question 3

CPL 180.20 T/F? Superior court judge sitting as LCC cannot try an action where offense charged is a felony.

Answer 3

True.

Question 4

CPL 180.50 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.

Question 5

CPL 180.60 T/F? At a felony hearing the defendant MUST be present.

Answer 5

False. The defendant may as a matter of right be present.

Question 6

CPL 180.60 T/F? At a felony hearing the defendant has the right to call witnesses.

Answer 6

False.

Question 7

CPL 180.60 T/F? The court’s determination at a felony hearing must be by proof beyond a reasonable doubt.

Answer 7

False. Reasonable cause to believe

Question 8

CPL 180.75 Removal of juvenile offender case to FC is done pursuant to CPL ______.

Answer 8

725

Question 9

CPL 180.80 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).