CPL QUIZ 1

Question 1

CPL 1.20 Informations filed by a police officer or other public servant are called

Answer 1

Simplified informations

Question 2

CPL 1.20 Misdemeanor complaint charges one or more offenses; at least one must be _____________

Answer 2

Misdemeanor

Question 3

CPL 1.20 T/f? A prosecutors information may charge a felony

Answer 3

False

Question 4

CPL 1.20 Of the following which one does not commence a criminal action?

1. Information
2. Prosecutors information
3. Superior court information

Answer 4

3. Superior court information

Question 5

CPL 1.20 Can a misdemeanor or felony complaint be used as the basis of prosecution?

Answer 5

No. Except that a misdemeanor complaint could be used as basis of prosecution if the defendant consents to it.

Question 6

CPL 1.20. The two accusatory instruments of the superior court are

Answer 6

Indictment and superior court information

Question 7

CPL 1.20 a court acquired personal jurisdiction over a defendant at ____________

Answer 7

Arraignment

Question 8

CPL 1.20 A criminal jury trial commences with the ________________

Answer 8

Selection of jury, if it’s a bench trial with opening statements and if no opening statements, when the first witness is sworn in.

Question 9

CPL 1.20-2 Select all correct answers. “Local criminal court accusatory instruments” include l. Indictments ll. Felony complaints. lll. Superior court information lV. Misdemeanor complaints
A. l and lll
B. ll and lV
C. lll and lV
D. All of the above

Answer 9

B. ll and lV felony complaints and misdemeanor complaints.

Question 10

CPL 1.20-1 Select the correct answer. The state is designated as the plaintiff in every accusatory instrument:
A. Unless the defendant is a corporation
B. Unless the action is prosecuted by the attorney general rather than by a district attorney
C. Unless the accusatory instrument is a misdemeanor complaint
D. Without exception.

Answer 10

D. Without exception.

Question 11

CPL 1.20-4 Select the correct answer. An prosecutors information in a local criminal court is:
A. an unverified written accusation by a person
B. a verified written accusation by a person
C. a verified oral accusation bu a person
D. a verified written accusation which can be made only by a district attorney

Answer 11

D. a verified written accusation which can be made only by a district attorney

Question 12

CPL 1.20 Select the correct answer. Accusatory instruments are used on behalf of the state as plaintiff to charge:
A. All offenses
B. Only crimes
C. Only felonies
D. Felonies, and only those misdemeanors set forth in the Penal Law

Answer 12

A. All offenses

Question 13

CPL 1.20-27 Select the correct answer. A process of a local criminal court requiring a defendant to appear before it for arraignment upon a filed accusatory instrument by which a criminal action was commenced is known as:
A. a subpoena
B. an appearance ticket
C. a summons
D. a bench warrant

Answer 13

C. a summons

Question 14

CPL 1.20-39 Select the correct answer. Petty offenses include:
A. violations, only
B. violations and misdemeanors
C. traffic infractions and violations 
D. all offenses

Answer 14

C. traffic infractions and violations

Question 15

CPL 1.20 A misdemeanor complaint can charge one or more defendants with:
A. only misdemeanors
B. any offense. with at least one being a crime
C. a felony
D. any offense, with at least one being a crime, but none being a felony

Answer 15

D. any offense, with at least one being a crime, but none being a felony

Question 16

CPL 10.20 Local criminal courts have preliminary jurisdiction over _________ offenses

Answer 16

All

Question 17

CPL 30.20 Select the correct answer. According to New York CPL, a criminal action:
A. is treated equally with civil cases in terms of court calendar preference
B. has preference over other criminal actions, if the defendant is in sheriff’s custody
C. does not take preference over other criminal actions, except in murder cases
D. is tried in chronological order with other criminal actions, according to the date of the alleged crime

Answer 17

B. has preference over other criminal actions, if the defendant is in sheriff’s custody.

Question 18

CPL 30.30 In a felony case, motion to dismiss must be granted if people are not ready for trial after 6 months of:
A. arrest
B. imprisonment
C. filling of accusatory instrument
D. none of the above

Answer 18

C. filing of the accusatory instrument

Question 19

Which is not correct?
A. l
B. local criminal courts have trial jurisdiction over petty offenses
C. Local criminal courts have trial jurisdiction over misdemeanors
D. Superior courts have jurisdiction over petty offenses (by indictment)

Answer 19

A. local criminal courts have trial jurisdiction over all offenses

Question 20

CPL 10.20 Local criminal courts have concurrent trial jurisdiction with superior courts over all __________.

Answer 20

Misdemeanors

Question 21

CPL 10.30 Local criminal courts have exclusive trial jurisdiction over __________ offenses.

Answer 21

Petty

Question 22

Choose the best answer: Superior courts have trial jurisdiction over all:
A. misdemeanors concurrent with that of LCC
B. felonies (exclusive trial jurisdiction)
C. petty offenses (when charged in an indictment)
D. all of the above

Answer 22

D. All of the above

Question 23

CPL 10.20 Superior court judges, when sitting as local criminal courts, may: 1. conduct arraignments. 2. issue warrants of arrest. 3. issue search warrants
A. 1, only
B. 1 and 2
C. 2 and 3
D. 2 and 3
E. 1,2 and 3

Answer 23

E. 1,2 and 3. Conduct arraignments, issue warrants of arrest and issue search warrants