Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Criminal Procedure Law 2022 > CPL Quiz 195, 200, 260, 270, 280, 300 > Flashcards

CPL Quiz 195, 200, 260, 270, 280, 300 Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

CPL 195.10 T/F? Waiver of indictment may be made in LCC or superior court.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q 
CPL 195.10 T/F? Waiver of indictment may not be made when
offense is class B or C felony.
A

False, may be made (Cannot if charged with A felony)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

CPL 195.10 T/F? For a defendant to waive indictment, consent of
the DA is needed.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

CPL 195.20 T/F? Waiver of indictment must be signed in open

court and in presence of defendant’s attorney.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

CPL 195.40 When indictment is waived in a LCC, the D.A. must
file a superior court information within __ days of the order approving
the waiver

A

10 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Which of the following is false? A waiver of indictment:
A. must contain name of court in which it is executed.
B. must contain the endorsement of the attorney for the
defendant.
C. must list name of offenses to be charged in superior court
information.
D. must list approximate time & place of offenses to be charged
in superior court information

A

B (CPL .195.20) Must contain endorsement of DA.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

With respect to waiver of indictment, case is deemed pending in
the LCC until:
A. the waiver is signed in open court.
B. the DA consents in writing
C. written waiver is mailed to superior court.
D. none of the above

A

D (CPL 195.20) The written waiver and court approval are received by
the superior court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Which of the following is not correct? A waiver of indictment:
A. may be in writing.
B. must contain waiver of indictment.
C. must contain consent to be prosecuted by superior court
information.
D. cannot be executed without the consent of the DA.

A

A(CPL 195.20) MUST be in writing.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

When an indictment is waived in a LCC the D.A. must file a
superior court information in superior court within____days of
execution of court order approving the waiver.
A.1
B. 5
C.10
D. 14

A

C (CPL 195.40)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Which of the following relating to waiver of indictment are
correct?
1. must contain the title of the action
2. must be in writing
3. must state approximate date of offense
A. 1 & 2 only. B. 3 only
C. 1 & 3 only. D. 1, 2 & 3

A

D (CPL 195.20)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

CPL 200.15 T/F? Indictment and prosecutor’s information are 2
accusatory instruments of superior courts.

A

False. Indictment and superior court information

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

CPL 200.20 T/F? An indictment may not charge a petty offense

A

False. May do if joinable with crime charged.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

CPL 200.50 An indictment must contain signature of the foreman
or acting foreman and signature of ________________,

A

DA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

CPL 200.70 T/F? An indictment may be amended to correct a

misjoinder of offenses or defendants.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

The two accusatory instruments of the superior courts are:
A. felony complaint and indictment.
B. summons issued by superior court and indictment.
C. indictment and superior court warrant of arrest.
D. indictment and superior court information.

A

D (CPL 200.10)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Choose the best answer. A request for a bill of particulars on an
indictment:
A. is served by the people on the defendant.
B. shall not be made without leave of court.
C. Both A and B are correct.
D. Both A and B are incorrect.

A

D (CPL 200.95)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

An indictment may not be amended for any of the following
reasons:
1. A misjoinder of offenses.
2. Legal insufficiency of the factual allegations.
3. A failure to charge or state an offense.
4. A misjoinder of defendants.
A. 1, 3, and 4 only. B. 1, 2, 3, and 4.
C. 1, 2, and 3 only. D. 2 and 3 only.,

A

B (CPL 200.70)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Which of the following statements are false? An indictment must
contain:
1. the name of the criminal court where felony complaint was
filed.
2. the title of the action.
3. the signature of the DA.
4. signature of foreman of the grand jury.
A. 1 only B. 1 and 3 only
C. 1 and 4 only. D. 4 only

A

C (CPL 200.50)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Which of the following statements relating to an indictment is
incorrect?
A. Indictment is a written accusation by grand jury.
B. An indictment is filed with a superior court.
C. Indictment charges person(s) at least 1 crime.
D. An indictment shall not charge a petty offense.

A

D (CPL 200.10)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

In the trial of an indictment, the defendant must deliver a closing
statement. T/F?

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

CPL 260.20 T/F? In a trial of an indictment, trial cannot proceed
unless defendant is present.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

. CPL 260.20 T/F? If a defendant is disruptive in a courtroom, he may
be removed and the trial shall continue.

A

False- he must be warned this would happen first.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

CPL 260.30 The people MAY or MUST deliver an opening address to
the jury?

A

MUST

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

CPL 260.30 The people MAY or MUST offer evidence in support of
the indictment?

A

MUST

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

CPL 260.30 The people and defendant MAY or MUST deliver a

summation to the jury?

A

MAY

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

CPL 260.10 Generally, a defendant may waive a jury trial EXCEPT
where charge is________

A

murder in the first degree

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Which of the following statements is correct? In a trial of
indictment, a defendant may:
A. waive a jury trial except for class A and B felonies.
B. waive a jury trial in all cases.
C. waive a jury trial except where charge is murder in the first
degree.
D. waive a jury trial except where the charge is A, B or C felony.

A

C (CPL 260.10)

28
Q

Which of the following statements relating to a jury trial is false?
A. The jury must be selected and sworn.
B. The court must deliver preliminary instructions to the jury C. The
people must deliver an opening address to the jury.
D. The defendant must deliver an opening address to the jury.

A

D (CPL 260.30)

29
Q

Which of the following statements is false? In a jury trial:
A. people must offer evidence in support of indictment.
B. defendant may offer evidence in his defense. C. people must offer
evidence in rebuttal.
D. defendant may deliver a summation to the jury.

A

C (CPL 260.30)

30
Q

Which of the following statements is false? At the conclusion of
evidence:
A. the defendant may deliver a summation to the jury.
B. the people may deliver a summation to the jury.
C. the court may then deliver a charge to the jury.
D. the jury must retire and deliberate and if possible render a verdict.

A

C (CPL 260.30)

31
Q

Which of the following 3 statements are correct?
1. A defendant may waive a jury trial in all cases.
2. A defendant may not waive a jury trial in some cases.
3. A defendant may not waive a jury trial for a B felony.
A. 1 only B. 2 & 3 only C. 3 only D. 2 only

A

D (CPL 260.10)

32
Q

CPL 270.05 A jury in the trial of an indictment consists

of___________ jurors.

A

12

33
Q

CPL 270.10 A challenge to the entire panel of jurors may be made
only by the____________

A

defendant

34
Q

CPL 270.15 Who must use their peremptory challenges first: the
people or the defendant?

A

the people

35
Q

CPL 270.25 Number of peremptory challenges .where the charge is
a D felony is_______.

A

10 for each side

36
Q

CPL 270.25 Number of peremptory challenges where highest crime
charged is A felony is ________

A

20 peremptory challenges

37
Q

CPL 270.25 T/F?, In a trial of an indictment, a peremptory
challenge must be allowed if the majority of defendants join in the
challenge.

A

True

38
Q

CPL 270.30 The maximum number of alternate jurors in the trial
of an indictment is __________

A

6

39
Q

CPL 270.35 Once a jury has started its deliberations in the trial of
an indictment, the permission of the________ is needed for a
discharged juror to be replaced.

A

the defendant

40
Q

CPL 270.50 T/F? When a jury views a premises, the defendant

must be present.

A

False

41
Q

CPL 270.50 T/F? When a jury views a premises, a court officer
must be present.

A

FALSE

42
Q

Which of the following is false? In a trial of an indictment, each
side has the following peremptory challenges:
A. Class A felony: 20 for regular jurors; 2 for each alternate.
B. B or C felony: 10 for regular jurors; 2 for each alternate.
C. Other than A, B and C felony: 10 for regular jurors; 2 for each
alternate.
D. D felony: 10 for regular jurors; 2 for each alternate.

A

B (CPL 270.25)

43
Q

In a criminal case, when two or more defendants are tried jointly,
the number of peremptory challenges:
A. is multiplied by the number of defendants. B. is increased as per
order of the court.
C. increases for regular jurors, but remains the same for alternate
jurors.
D. remains the same.

A

D (CPL 270.25)

44
Q

The maximum number of alternate jurors in the trial of an
indictment is:
A. 2
B. 12
C. as directed by court, but not more than 6
D. as directed by court, but not more than 4

A

C (CPL 270.30)

45
Q

If the trial jury has begun its deliberations and one of jurors cannot continue:
A. the court may on its own motion replace the juror.
B. the court may replace the juror if the DA consents.
C. the court may replace the juror if the defendant consents.
D. the court must declare a mistrial.

A

C (CPL 270.35)

46
Q

Which of the following relating to a jury viewing of premises is
not correct?
A. Jury must be kept together throughout.
B. Jury must be under the supervision of appropriate public servants
appointed by the court.
C. Prosecutor, defendant, and counsel may as a matter of right be
present.
D. Court may be present throughout.

A

D (CPL 270.50)

47
Q

CPL 280.20 T/F? Upon a new trial, following a mistrial, indictment
is deemed to contain all counts it contained at start of trial, regardless
of whether any count was thereafter dismissed by court prior to
mistrial.

A

TRUE

48
Q

CPL 280.10 Court MUST declare a mistrial upon a motion of either
party or on its own motion when___________

A

-it is physically impossible to proceed with the trial in conformity with
law.

49
Q

CPL 280.20 On a new trial, following a mistrial declared when it is
physically impossible to proceed in conformity with law, the
indictment is deemed to contain____________

A

ALL the counts that it contained at the start of the trial.

50
Q
  1. The court can declare a mistrial and order a new trial:
    A. only before conclusion of people’s case.
    B. only before conclusion of defendant’s case.
    C. only before summation by people.
    D. at any time during trial under certain circumstances.
A

D (CPL 280.10) read article.

51
Q

Upon a new trial from an order declaring a mistrial, the indictment is deemed to contain:
A. all the counts it contained at the time previous trial was commenced.
B. all the counts not dismissed during trial ended by order of mistrial.
C. all the counts listed in judges order of mistrial.
D. all the counts originally contained in felony complaint used for indictment.

A

A (CPL 280.20)

52
Q

CPL 300.30 Types of counts where guilty of the offense charged in
one necessarily negates guilt of the offense charged in the other are
known as___________counts.

A

-inconsistent

53
Q

CPL 300.30 CONCURRENT COUNTS are two or more counts upon

which concurrent ___________ may be imposed.

A

SENTENCES

54
Q

CPL 300.40, Every count not submitted to the jury is deemed______________

A

-to have been dismissed by the court

55
Q

CPL 300.50, Verdict of guilty to a lesser included offense is deemed ______ of every greater offense submitted.

A

-an acquittal

56
Q

Which of following choices relating to the following two
statements is correct?
a. A count not submitted to the jury is deemed dismissed by the court.
b. If indictment contains 2 inconsistent counts, court must submit both
counts.
A. only a is correct.
B. only b is correct
C. both a & b are correct
D. both a & b are false

A

A (CPL 300.40(5) and 300.40(7))

57
Q

When guilty of offense charged in one count negates guilt of
offense charged in other, counts are said to be:
A. consecutive or conclusory counts.
B. concurrent counts or conclusory counts
C. inclusory concurrent counts.
D. inconsistent counts

A

-D (CPL 300.30)

58
Q

With respect to requests to charge, which of the following
statements is false?
A. The parties may submit requests to charge in writing.
B. The parties may submit requests to charge orally.
C. The court may rule promptly upon each request.
D. Failure of court to rule on request is deemed a denial thereof.

A

C (CPL 300.10) MUST rule promptly

59
Q

Which of the following is not a fundamental legal principle
applicable to criminal cases?
A. presumption of defendant’s innocence. B. requirement that jury not
speculate concerning sentence or punishment.
C. requirement that defendant testify in his own behalf.
D. requirement that guilt be proved beyond a reasonable doubt.

A

-C (CPL 300.10)

60
Q

INDICTMENT CHARGES:
CLASS ‘A’ FELONY DEFINED IN PL – CPL 220
(CONTROL SUBSTANCE OR THE ATTEMPT THEREOF)
GUILTY PLEA MUST BE AT LEAST TO ____________.

A

a CLASS ‘B’ FELONY

CPL 220.10

61
Q

INDICTMENT CHARGES:
ANY OTHER CLASS ‘A’ FELONY OFFENSE
GUILTY PLEA MUST BE AT LEAST TO ____________.

A

a CLASS ‘C’ VIOLENT FELONY

CPL 220.10

62
Q

INDICTMENT CHARGES:
CLASS ‘B’ ARMED VIOLENT FELONY OFFENSE
GUILTY PLEA MUST BE AT LEAST TO ____________.

A

a CLASS ‘C’ VIOLENT FELONY

CPL 220.10

63
Q

INDICTMENT CHARGES:
CLASS ‘B’ VIOLENT FELONY OFFENSE
GUILTY PLEA MUST BE AT LEAST TO ____________.

A

a CLASS ‘D’ VIOLENT FELONY

CPL 220.10

64
Q

INDICTMENT CHARGES:
CLASS ‘B’ FELONY DEFINED IN PENAL LAW – CPL 220 (CONTROL SUBSANCES
GUILTY PLEA MUST BE AT LEAST TO ____________.

A

-a CLASS ‘D’ FELONY

CPL 220.10

65
Q

INDICTMENT CHARGES:
ANY OTHER CLASS ‘B’ FELONY
GUILTY PLEA MUST BE AT LEAST TO ____________.

A

a FELONY

CPL 220.10

Criminal Procedure Law 2022 (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions