CPL Article 30 Flashcards

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1
Q

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. _______________.

A

Whereabouts of defendant are unknown

CPL 30.10

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2
Q
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                 ?
A

Felony. 6 months
Misdemeanor over 3 months 90 days
Misdemeanor up to 3 months. 60 days
Petty offense. 30 days

CPL 30.30

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3
Q

T/F the statute of limitations for a petty offense is 2 years

A

False

CPL 30.10
It’s one year

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4
Q

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?

A
  1. Filing of accusatory instrument

CPL 30.30

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5
Q

T/F speedy trial time requirements apply in all cases

A

False

CPL 30.30

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6
Q

Statute of limitations for CLASS A felony is ______.

A

At any time

CPL 30.10

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7
Q

Statute of limitations for B, C, D or E felony is ________

A

5 years

CPL 30.10

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8
Q

T/F S/L tolls on a criminal case if defendant is outside the state or his whereabouts are unknown

A

True

CPL 30.10

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9
Q

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 _________.

A

Criminally negligent homicide

CPL 30.30

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10
Q
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

A. Within 1 year of discovery

CPL 30.10

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11
Q
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
A

C. 5…..5

CPL 30.10

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12
Q

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)

A

C. Fifteen days after filing of accusatory instrument charging a violation

CPL 30.30 (Should be 30 days)

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13
Q

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

A

C. 15 days of commencement of detention (for misdemeanor 3 months or less)

CPL 30.30

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14
Q
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
A

D. Both A and B

CPL 30.30

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15
Q

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

A

D. Neither 1 nor 2 nor 3

CPL

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16
Q

Which of the following class of offenses is not paired correctly with period in which the accusatory instrument must be filed?
A. Class A felony - at any time
B. Any other felony - within seven years commission of felony
C. Misdemeanor- within two years of commission of misdemeanor
D. Petty offense- within one year after commission of petty offense

A

B. Any other felony - within seven years of commission of felony

CPL 30.10

17
Q

When a defendant is outside NYS or his whereabouts are unknown, the statute of limitations tolls (stops running):
A. Until he returns to the state or whereabouts are known
B. For a period of four months
C. For a period not to exceed five years beyond period otherwise applicable
D. None of the above

A

A & C until he returns to state or whereabouts are known and for a period not to exceed five years beyond period otherwise applicable

CPL 30.10