CPL QUIZ 1 Flashcards
CPL 1.20 Informations filed by a police officer or other public servant are called
Simplified informations
CPL 1.20 Misdemeanor complaint charges one or more offenses; at least one must be _____________
Misdemeanor
CPL 1.20 T/f? A prosecutors information may charge a felony
False
CPL 1.20 Of the following which one does not commence a criminal action?
- Information
- Prosecutors information
- Superior court information
- Superior court information
CPL 1.20 Can a misdemeanor or felony complaint be used as the basis of prosecution?
No. Except that a misdemeanor complaint could be used as basis of prosecution if the defendant consents to it.
CPL 1.20. The two accusatory instruments of the superior court are
Indictment and superior court information
CPL 1.20 a court acquired personal jurisdiction over a defendant at ____________
Arraignment
CPL 1.20 A criminal jury trial commences with the ________________
Selection of jury, if it’s a bench trial with opening statements and if no opening statements, when the first witness is sworn in.
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
B. ll and lV felony complaints and misdemeanor complaints.
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.
D. Without exception.
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
D. a verified written accusation which can be made only by a district attorney
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
A. All offenses
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
C. a summons
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
C. traffic infractions and violations
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
D. any offense, with at least one being a crime, but none being a felony
CPL 10.20 Local criminal courts have preliminary jurisdiction over _________ offenses
All
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
B. has preference over other criminal actions, if the defendant is in sheriff’s custody.
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
C. filing of the accusatory instrument
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)
A. local criminal courts have trial jurisdiction over all offenses
CPL 10.20 Local criminal courts have concurrent trial jurisdiction with superior courts over all __________.
Misdemeanors
CPL 10.30 Local criminal courts have exclusive trial jurisdiction over __________ offenses.
Petty
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
D. All of the above
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
E. 1,2 and 3. Conduct arraignments, issue warrants of arrest and issue search warrants
