CPL Article 195 Flashcards

1
Q

The wavier of indictment may be made in either at a local criminal court at the time when order is issued holding defendant for action of grand jury, or ___________________.

A

At the appropriate superior court, at any time prior to the filing of an indictment by the grand jury.
(CPL 195.10)

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2
Q

T/F?
Waiver of indictment may be made in LCC or superior court.

A

True (CPL 195.10)

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3
Q

T/F?
Waiver of indictment may not be made when offense is Class B or C felony.

A

False (CPL 195.10)

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4
Q

T/F?
For a defendant to waive indictment, consent of the DA is needed.

A

True (CPL 195.10)

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5
Q

T/F?
Waiver of indictment must be signed in open court and in presence of defendant’s attorney.

A

True (CPL 195.20)

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6
Q

When indictment is waived in a LCC, the D.A. must file a superior court information within ____ days of the order approving the waiver.

A

10 days (CPL 195.40)

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