CPL QUIZ 2

Question 1

CPL 100.15 The two parts of an accusatory instrument are the _________ part and the _____ part.

Answer 1

accusatory & factual

Question 2

CPL 100.20 A supporting deposition is filed by ____________.

Answer 2

someone other than complainant.

Question 3

CPL 100.05 T/F? Prosecutor’s information and superior court information are filed in superior courts

Answer 3

False

Question 4

CPL 100.07 Criminal court and family court have concurrent jurisdiction over _______.

Answer 4

family offenses

Question 5

Which is a LCC accusatory instrument?
A. an indictment
B. a superior court information
C. a felony complaint
D. None of the above

Answer 5

C. a felony complaint (CPL 100.05

Question 6

CPL 100.10 T/F? Information cannot serve as the basis for prosecution.

Answer 6

False

Question 7

Which of the following statements is false?
A. a complaint must specify the name of the court in which it is filed
B. the accusatory part must designate the offense(s) charged
C. accusatory part must contain statement by complainant
D. a complaint must specify the title of the action

Answer 7

C. accusatory part must contain statement by complainant (CPL 100.15)

Question 8

Which is not correct?
A. simplified traffic information can charge a traffic infraction(s) and/or misdemeanor relating to traffic.
B. simplified traffic information can only be issued by a police officer
C. simplified traffic information is filed with the LCC
D. simplified traffic information is in a brief & simplified form

Answer 8

B simplified traffic information can only be issued by a police officer (CPL 100.10)

Question 9

Information, misdemeanor complaints and felony complaints must: 1. specify name of court filed and title of action, 2. be subscribed and verified by complaint (as factual part, based on information and belief), 3. contain an accusatory part and factual part.
A. 1, 2 and 3
B. 1 and 3
C. 2 and 3
D. 1 and 2

Answer 9

A. 1, 2 and 3 (CPL 100.15)

Question 10

Which is not correct?
A. a police officer can issue a simplified traffic information
B. A prosecutor’s information is a written accusation y a DA
C. a felony complaint must charge at least one crime
D. a misdemeanor complaint can also charge a violation

Answer 10

C. a felony complaint must charge at least one crime (CPL 100.10) must charge at least one felony

Question 11

CPL 110.10 T/F? The only way a person can be compelled to appear before a LLC is by the issuance of warrant.

Answer 11

False

Question 12

Which of the following choices is not correct? Verification of information, misdemeanor complaint, felony complaint, supporting depositions may be done:
A. in court in which it is filed or before a notary public
B. in front of arresting police officer
C. before a desk officer in charge of police
D. before an authorized public servant

Answer 12

B. in front of arresting officer (100.30)

Question 13

CPL 110.10 T/F? A warrant of arrest may only be issued after the filling of an accusatory instrument.

Answer 13

True

Question 14

Which of the following choices is not correct? An accusatory instrument is "sufficient on its face" when it: 1. conforms to the requirements of this article, 2. allegations and supporting depositions provide "proof beyond a reasonable doubt" 3. non-hearsay allegations, if true, establish every element of offense charged.
A. 3 only
B. 2 and 3 
C. 2 
D. 1, 2 and 3

Answer 14

C. 2.allegations and supporting depositions provide “proof beyond a reasonable doubt” (CPL 100.40)

Question 15

CPL 120.20 T/F? An appearance ticket is issued after the accusatory instrument is filed

Answer 15

False

Question 16

CPL 160.40 T/F? Upon receipt of DCJS records, the recipient police officer or agency must promptly transmit 2 copies to the court and 2 copies to the district attorney.

Answer 16

False (CPL 160.40)

Question 17

A warrant of arrest may be executed
A. Every day of the week between the hours of 6:00 AM and 7:00 PM if warrant has accusatory instrument attached to it
B. Only on business days
C. any day of the week at any hour of the day or night
D. any day of the week at any hour of the day or night except Sundays

Answer 17

C. any day of the week at any hour of the day or night (CPL 120.80)

Question 18

A warrant of arrest issued by a District Court, NYC Criminal court or a Superior Court can be executed
A. anywhere in the state
B. only in the county of issuance
C. Only in the county of issuance or adjoining county
D. in the superior court only

Answer 18

A. anywhere in the state (CPL 120.70)

Question 19

CPL 160.10 T/F? Following the arrest, or following arraignment upon a local criminal court accusatory instrument, a defendant may be fingerprinted where the accusatory instrument charges a misdemeanor defined outside PL which would constitute a felony if such person had a previous judgment of conviction for a crime.

Answer 19

False (CPL 160.10)

Question 20

Upon receiving fingerprints from a police officer or agency, the division of criminal justice services (DCJS) must search its record. In their search they shall include all of the following:
A. Defendant's previous record, if any
B. juvenile delinquent record, if any
C. youth offender record, if any
D. all of the above

Answer 20

D. all of the above (CPL 160.30)