CPL Article 280, 300 & 310

Question 1

CPL 280.20 T/F? Upon a new trial, following a mistrial, indictment is deemed to contain all counts it contained at start, regardless of whether any count was thereafter dismissed by court prior to mistrial.

Answer 1

True.

Question 2

CPL 280.10 Court MUST declare a mistrial upon a motion of either party or on its own motion when ________.

Answer 2

It is physically impossible to proceed with the trial in conformity with law.

Question 3

CPL 280.20 On a new trial, following a mistrial declared when it is physically impossible to proceed in conformity with law, the indictment is deemed to contain _______.

Answer 3

ALL the counts that it contained at the start of the trial.

Question 4

CPL 300.30 ______ counts are two or more counts upon which conservative sentences may be imposed.

Answer 4

Conservative

Question 5

CPL 300.10 T/F? At the conclusion of the summations, the court may deliver a charge to the jury.

Answer 5

False. MUST

Question 6

CPL 300.30 Types of counts where guilty of the offense charged in one necessarily negates guilt of the offense charged in the other are known as ________ counts.

Answer 6

inconsistent counts

Question 7

CPL 300.30 Concurrent Counts are two or more counts upon which concurrent ________ may be imposed.

Answer 7

Sentences

Question 8

300.40 Every count not submitted to the jury is deemed ______.

Answer 8

To have been dismissed by the court.

Question 9

CPL 300.50 Verdict of guilty to a lesser included offense is deemed _________ of every greater offense submitted.

Answer 9

An acquittal

Question 10

CPL 310.10 T/F? A jury may deliberate in a place inside the courtroom.

Answer 10

False. MUST / Outside

Question 11

CPL 310.20 Upon retiring to deliberate, the jurors may take with them ________.

Answer 11

any exhibits received in evidence at the trial which the court, after according the parties an opportunity to be heard, permits them to take.

Question 12

CPL 310.20 T/F? The defendant must be present if court gives jurors additional instructions or information.

Answer 12

True

Question 13

CPL 310.30 When may a judge give copies of a statute to the jury?

Answer 13

IF jury requests AND parties consent.

Question 14

CPL 340 Who must be present in the courtroom when the foreperson announces the verdict?

Answer 14

A prosecutor, the defendant’s counsel, and the defendant.

Question 15

CPL 310.80 T/F? After a verdict has been rendered, jurors must be individually asked if such is their verdict.

Answer 15

False. Collectively asked

Question 16

CPL 310.80 If the court orders that a verdict be replaced by a JD fact determination, the court must order the action removed to the family pursuant to _____.

Answer 16

CPL 725