CPL Article 30 Flashcards
CPL 30.10 T/F? The statue of limitations for a petty offense is 2 years.
False. 1 year
CPL 30.10 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 30.30 Fill-in the following table:
OFFENSES: People must be ready for
trial within this 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 In felony case, motion to dismiss must be granted if people are not ready for trial after 6 month(s) of
(A) arrest
(B) imprisonment
(C) filing of accusatory instrument
(C) filing of accusatory instrument
CPL 30.30 T/F? Speedy trial time requirements apply in all cases.
False
CPL 30.10 Statues 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 in a criminal case if defendant is outside the state or his whereabouts are unknown.
True
CPL 30.30 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