CPL Quiz 310, 320, 330, 340, 350, 360, 380, 390 Flashcards
CPL 310.10 T/F? A jury may deliberate in a place inside the
courtroom.
FALSE
CPL 310.20 Upon retiring to deliberate the jurors may take with
them_________
-any exhibits received in evidence at the trial which the court after
according the parties an opportunity to be heard permits them to
take.
CPL 310.20 T/F? The defendant must be present if court gives
jurors additional instructions or information.
TRUE
CPL 310.30 When may a Judge give copies of a statute to the jury?
-IF jury requests AND parties consent
CPL 340 Who must be present in the courtroom when the
foreperson announces the verdict?
-the court, a prosecutor, the defendant’s counsel, and the defendant
CPL 310.80 T/F? After a verdict has been rendered jurors must be
individually asked if such is their verdict.
-False. collectively asked (Must be individually asked if there is a
request by either side that jury be polled.).
CPL 310.80 If the court orders that a verdict be replaced by a JD
fact determination the court must order the action removed to the
family court pursuant to______________
CPL 725
Upon retiring to deliberate jurors may take with them exhibits
received in evidence at the trial which:
A. the court, after hearing both attorneys, permits the jurors to take.
B. were also marked for identification.
C. the defendant and the people do not object to.
D. a majority of the jurors demand to take into the jury room.
A (CPL 310.20)
The jurors may take with them a copy of any statute if:
A. jury demands and there is no objection by either side. B. jury asks
for it and both sides and court consent C. jury asks for it and
defendant and court consent. D. jury asks for it and the statute is NYS
law.
-B(CPL310.30)
If the court accepts a verdict which is defective or incomplete
because the jury did not render a verdict upon every count such
verdict is deemed an acquittal upon every count
A. submitted to the jury.
B. not submitted to the jury.
C. improperly ignored in the verdict.
D. none of the above
-C (CPL 310.50)
Which is false? Deliberating jury may be discharged by court
without having rendered a verdict when:
A. jury deliberated extensively, and court decides to discharge jury. B.
a mistrial is declared pursuant to 280.10. C. court, defendant, and
people all consent to such discharge. D. jurors do not wish to continue
deliberations.
-D(CPL310.50)
Which of the following is correct? After a verdict has been
rendered:
A. it does not have to be recorded in the minutes. B. the jurors must
be immediately discharged C. jurors must be collectively asked if such
is their verdict. D. jurors are not required to be present in courtroom
when verdict is read.
-C (CPL 310.70)
Which of the following statements regarding jury deliberations is
false?
A. Jury retires to deliberate following court’s charge. B. Jury must
deliberate in a place outside courtroom C. The jury must be kept
continuously together. D. Court officer(s) must supervise the jurors.
-D(CPL310.10)
CPL 320.10 A defendant may waive a jury trial except where
indictment charges ______
-murder in the first degree
CPL 320.20 T/F? In a single judge trial of an indictment opening
and closing statements are discretionary with the judge.
False. Judge must allow opening and closing statements
CPL 320.20 T/F? The order of trial is the same as in a jury trial of
an indictment.
-True
Which of the following is correct? A waiver of a jury trial must:
A. be done orally.
B. be signed by the people in open court.
C. be with the approval of the court.
D. None of the above are correct.
-C. (CPL 320.10)
In a non-jury trial of an indictment:
a. Court must permit opening addresses by parties.
b. Court must permit summations by parties.
A. Only a is correct. B. Only b is correct.
C. Both a & b are correct D. Both a & b are incorrect.
-C (CPL 320.20)
A defendant may waive a jury trial: 1. for all Class A and Class B misdemeanors 2. for all felonies defined in the Penal Law 3. for all felonies except where the charge is murder in the first degree. A. 1 only B. 1& 2 only C. 1 & 3 only D. 2 & 3 only
-C (CPL 320.10)
CPL 330.20 Dangerous mental disorder means that defendant is
mentally ill and___________
- is a risk to himself and others
CPL 330.20 A commitment order is for a period of __________
6 months
CPL 330.20 A first retention order is for a maximum period of____
-one year
CPL 330.20 Second retention order and subsequent retention
order are up to maximum period of __________
-2 years
CPL 330.20 An order of conditions is valid for a period of ___ years
and can be extended an additional___ years.
-5 ….. 5
Which of the following orders is paired incorrectly with its
definition?
A. Examination order: orders a defendant to submit to a psychiatric
examination.
B. commitment order: confinement in a secure facility for 6 months
from date of order.
C. first retention order: up to 6 months detention
D. second retention order up to 2 years detention
-C (CPL 330.10)
. Which of the following orders is paired incorrectly with its
definition?
A. subsequent retention order: up to two years detention
B. furlough order up to 30 days leave from facility
C. transfer order: transfer from a secure to non-secure facility
D. release order: terminates defendant’s in-patient status without
terminating the commissioner’s responsibility for the. defendant.
-B (CPL 330.10)
Order of conditions: valid for ____years and may be extended by
the court for ____years for good cause shown (directs defendant to
comply with prescribed treatment plan or if defendant is in custody
not to leave the facility without authorization).
A. 1 …1
B. 3…3
C. 5….10
D. 5….5,
-D (CPL 330.10)
Upon the entry of a verdict of not responsible by reason of mental
disease or defect or acceptance of a plea of not responsible by reason
of mental disease or defect, the court MUST:
A. unconditionally discharge defendant from custody.
B. issue an examination order.
C. release defendant on his own recognizance or order bail.
D. None of the above.
-B (CPL 330.10)
CPL 340.20 T/F? A plea to an information must be entered orally in
person.
False
CPL 340.20 A plea to an information against a corporation must be
entered by ________
Counsel
CPL 340.40 T/F? Defendant charged with a misdemeanor is in all
cases entitled to a jury trial
False. In NYC entitled to jury trial only if misdemeanor sentence is
more than 6 months
CPL 340.40 T/F? Defendant who is DISRUPTIVE may be ordered
removed by court and trial will continue.
False. A defendant who is disruptive AND IS WARNED and then is
disruptive again may be removed
A defendant who conducts himself in so disorderly and disruptive a manner that his trial cannot be carried on with him in the courtroom:
A. may be removed from the courtroom & the trial will proceed.
B. may be declared guilty.
C. must be held for psychiatric examination. D. may be removed from
courtroom if previously warned by the court.
-D (CPL 340.50)
Which of following statements relating to local criminal courts is
false?
1. Generally defendant must be present at trial. 2. Trial of a youthful
offender eligible youth shall not be a single judge trial.
3. All LCC trials must be single judge trials.
A. 1 & 3 only
B. 1, 2 & 3
C. 1 only
D. 2 & 3
-D. CPL 340.40)
Which of the following statements relating to LCC proceedings is
false? 1. A plea to an information may in certain cases be entered by
counsel. 2. A plea to an information against a corporation must be
entered by counsel. 3. Generally, a plea to an information against a
person is entered by person. 4. President of a corporate defendant
may enter a plea for the corporation.
A. 1 & 4 only
B. 4 only
C. 2 & 3 only
D. 1 only
-B (CPL 340.20)
A defendant charged with a misdemeanor in a LCC: 1. must have a
single judge trial.
2. may not waive a jury trial in some cases.
3. is not entitled to a jury trial in some cases.
A. 2 only
B. 2 & 3 only
C. 1 only
D. 3 only
-D (340.40)
CPL 350.10 T/F? In a non jury trial in a LCC the court must allow
opening statements.
False
CPL 350.20 T/F? A JHO may be assigned to conduct any trial in a
LCC.
False. Not when the charges include an A misdemeanor.
Which of the following statements relating to a non jury trial in a
LCC is false?
A. The order of evidence is different from that in a jury trial of an
indictment.
B. The court must render a verdict upon each count not
previously dismissed.
C. The court must consider the case and render
a verdict
D. The court in its discretion may permit parties to deliver
summations.
A (CPL 350.10)
Which of the following relating to trial by a judicial hearing officer
in a LCC is false?
A. JHO determines all questions of law.
B. JHO acts as exclusive trier of all issues of fact
C. JHO must render a verdict.
D. JHO trial must occur upon motion of defendant.
D (CPL 350.20)
Which of the following statements relating to non jury trials in a
LCC is false? A. The judge determines all questions of law.
B. The judge is the exclusive trier of all issues of fact.
C. The court may render a verdict.
D. The court may permit opening addresses and may permit closing
statements.
C (CPL 350.10)
CPL 360.10 A trial jury in a LCC consists of______jurors.
6
CPL 360.15 A challenge to the entire panel of jurors must be made
before ___________
jury selection begins.
CPL 360.15 A challenge to the entire panel of jurors may be made
only by _______________
the defendant
CPL 360.15 T/F? Challenge to entire panel of jurors may be made
orally if time doesn’t permit written challenge.
False. Challenge must be made in writing.
CPL 360.30 In a LCC trial how many peremptory challenges are
allowed for the people?
All the defendants combined.
3…..3
Each party must be allowed three peremptory challenges. When two or more defendants are tried jointly, such challenges are not multiplied by the number of defendants, but such defendants are to be treated as a single party. In any such case, a peremptory challenge by one or more defendants must be allowed if a majority of the defendants join in such challenge. Otherwise, it must be disallowed.
CPL 360.35 In a LCC trial ____peremptory challenge(s) is/are
allowed in the selection of the alternate jurors.
1
A challenge to the entire panel of jurors may be made by the: A. defendant B. the people only C. the court only D. the people or the court
A (CPL 360.15)
Peremptory challenges allowed in a lower criminal case are:
A. 3 per party (if 2 or more defendants they are treated as one party).
B. 3 per party (if 2 or more defendants, each gets 3 peremptory
challenges).
C. a minimum of 3 per party, plus additional challenges granted by the judge.
D. a maximum of 6 per side.
A (CPL 360.30)
The maximum number of alternate jurors allowed in a LCC case is: A. 1 B. 2 C. 3 if the court allows D. 6, if court allows.
B (CPL 360.35)
A jury trial in a LCC consists of______ jurors.
A. 6 B. 8 C. 12 D. 16
A (CPL 360.10)
CPL 380.30 T/F? The court may not sentence the defendant at
the time conviction is entered.
False. May if pre-sentence report or fingerprint report is not required, or if required has been received.
CPL 380.30 T/F? If after the court sets the date for pronouncing
sentence it decides to have a pre-sentence proceeding, notice of such
a proceeding automatically adjourns the date for pronouncing
sentence.
True
CPL 380.40 T/F? Except where the defendant is a corporation,
the defendant must always be present at the time sentence is
pronounced.
False. For misdemeanor or petty offense, court may upon motion of
defendant dispense with requirement that defendant be present.
CPL 380.60 In general the document that serves as the authority
for the execution of sentence and serves as the order of conviction is
__________
Certificate of Conviction
CPL 380.70 Where there is an indeterminate or determinate
sentence, a certified copy of minutes of sentence must be delivered to person in charge of institution within ____days from date sentence was imposed.
30
Choose the best answer. The court may sentence the defendant
at the time of conviction:
A. in all cases.
B. if a pre-sentence report or a fingerprint report is required.
C. where any such report is required the report has been received.
D. both B and C are correct.
C (CPL 380.30)
Choose the best answer. With reference to sentencing:
A. In general the defendant need not be present at time sentence is
pronounced.
B. Sentence may be pronounced against a corporation in absence of counsel.
C. Both A & B are correct.
D. Both A & B are incorrect.
B (CPL 380.40)
The authority for the execution of a sentence is: A. certificate of
disposition of judgment.
B. transcript of judgment.
C. certificate of conviction.
D. transcript of disposition of judgment.
C (CPL 380.60)
Where an indeterminate reformatory or alternative local
reformatory sentence is imposed, a certified copy of minutes of
sentence proceedings must be delivered to institution within____days from date sentence was imposed.
A. 10 B. 15 C. 30 D. 45
C (CPL 380.70)
CPL 390.15 T/F? Where a defendant is convicted of a felony sex
offense, disclosure of HIV testing results shall be made to the court.
False - read the section!
CPL 390.15 Generally, request for HIV testing must be made
within _____days after entry of defendant’s conviction.
10
CPL 390.20 T/F? A pre-sentence report is required where a
person is convicted of a misdemeanor for a term of 180 days or more.
False. for a term in EXCESS of 180 days.
Note: It’s got to be excess of 180, not 180!
CPL 390.40 The prosecutor’s pre-sentence memorandum must be
served on defendant’s attorney at least ___ days prior to the date of
sentence.
10
CPL 390.50 Pre-sentence report must be made available to defendant, defendant's attorney, and prosecutor not less than \_\_\_court day(s) prior to sentencing.
1 court day
CPL 390.60 T/F? Copy of pre-sentence report must accompany
the defendant to the correctional facility.
True
Unless waived by the parties, a pre-sentence report must be
made available by the court to____not less than 1 day prior to
sentencing.,
A. defendant’s attorney, defendant (if no attorney) and
prosecutor only
B. court, defendant’s attorney, defendant (if no
attorney) and prosecutor only
C. defendant and defendant’s attorney only
D. prosecutor and defendant’s attorney only
A (CPL 390.50)
A pre-sentence report must be ordered when a person is
convicted of misdemeanor(s) for which the following sentence will be imposed:
A. A sentence of probation.
B. Aggregate sentences totaling more than 60 days.
C. Both A and B.
D. Neither A nor B.
A (CPL 390.20)
Which of the following statements is correct?
A. Court may order a pre-sentence report in any case.
B. Court must order a pre-sentence report in a misdemeanor
conviction.
C. Court may order pre-sentence report in felony convictions.
D. None of the above.
A (CPL 390.20)
Choose the best answer. In any case where a defendant is
convicted of a felony, the court:
A. may order a pre-sentence investigation.
B. must order a pre-sentence investigation.
C. may pronounce sentence prior to receipt of pre-sentence report.
D. both A and C are correct.
B (CPL 390.10)
