CPL Article 30 Flashcards
In calculating S/L time periods, the following periods shall NOT be included: 1. Period after offense during which defendant was outside NYS, or 2. _______________.
Whereabouts of defendant are unknown
CPL 30.10
People must be ready for trial within period after filing of accusatory instrument Felony ? Misdemeanor over 3 months. ? Misdemeanor up to 3 months. ? Petty offense ?
Felony. 6 months
Misdemeanor over 3 months 90 days
Misdemeanor up to 3 months. 60 days
Petty offense. 30 days
CPL 30.30
T/F the statute of limitations for a petty offense is 2 years
False
CPL 30.10
It’s one year
In a felony case, motion to dismiss must be granted if the people are not ready for trial after 6 months of
1. Arrest?
2. Imprisonment ?
3. Filing of accusatory instrument?
- Filing of accusatory instrument
CPL 30.30
T/F speedy trial time requirements apply in all cases
False
CPL 30.30
Statute of limitations for CLASS A felony is ______.
At any time
CPL 30.10
Statute of limitations for B, C, D or E felony is ________
5 years
CPL 30.10
T/F S/L tolls on a criminal case if defendant is outside the state or his whereabouts are unknown
True
CPL 30.10
Speedy trial time limitations DO NOT apply to murder in the 1 or 2 degree, aggravated murder, manslaughter in the 1 or 2 degree, and _________.
Criminally negligent homicide
CPL 30.30
The statute of limitations for larceny in violation of a fiduciary duty is \_\_\_\_\_\_\_ A. Within 1 year of discovery B. Within 2 years of discovery C. Within 5 years of discovery D. None of the above
A. Within 1 year of discovery
CPL 30.10
The statute of limitations for misconduct in public office is during term of office or within \_\_\_\_\_\_\_ years after end of service, but no more than \_\_\_\_\_\_ years beyond statute of limitation period for that offense. A. 5.....10 B. 3....5 C. 5....5 D. None of the above
C. 5…..5
CPL 30.10
Which of the following is false? A motion to dismiss base on speedy trial provision must be granted where the people are not ready for trial within:
A. Six months after filing of accusatory instrument for a felony
B. Ninety days after filing of accusatory instrument (misdemeanor over 3 months)
C. Fifteen days after filing of accusatory instrument charging a violation
D. Sixty days after the filing of accusatory instrument (misdemeanor less than 3 months)
C. Fifteen days after filing of accusatory instrument charging a violation
CPL 30.30 (Should be 30 days)
Defendant must be released on bail/ROR if people are not ready for trial within:
A. 60 days of commencement of detention (for a felony)
B. 45 days of commencement of detention (for misdemeanor more than 3 months)
C. 15 days of commencement of detention (for misdemeanor 3 months or less
D. All of the above
C. 15 days of commencement of detention (for misdemeanor 3 months or less)
CPL 30.30
Choose the best answer: A motion to dismiss based on people not being ready for trial (speedy trial) does not apply to: A. Murder in the first degree B. Manslaughter in the second degree C. A only D. Both A and B
D. Both A and B
CPL 30.30
Which of the following periods for commencement of a criminal action is correct?
1. For all felonies - must be commenced within 5 years
2. For all misdemeanors - must be commenced within 1 year
3. For all petty offenses - must be commenced within 6 months
A. 1 only
B. 2 and 3 only
C. 1 and 2 only
D. Neither 1 nor 2 nor 3
D. Neither 1 nor 2 nor 3
CPL