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Senior Clerk Test (22) > CRIMINAL COURT > Flashcards

CRIMINAL COURT Flashcards

1
Q

CPL applies to
A) all criminal actions and proceedings.

B) only those criminal actions and proceedings commenced before but still pending on the effective date of CPL.

C) all criminal actions and proceedings commence before but still pending on the effective date of cpl, provided that application of the provisions would not work Injustice.

D) only appeals and other post judgment proceedings commenced on or after the effective date of CPL.

A

C) All criminal actions and proceedings commenced before but still pending on the effective date of CPL, provided that application of the provisions would not work injustice.

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2
Q

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

A) all offenses

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3
Q

Accusatory instruments include

A) indictments and warrants of arrest

B) felony complaints and a prosecutor’s information

C) Grand Jury statements and superior court orders

D) misdemeanor complaints and indictments

A

B&D
B)Felony complaints and a prosecutor’s information

D)Misdemeanor complaints and indictments

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4
Q

The state is designated as a 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

A

D
D) without exceptions

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5
Q

An appearance ticket or a parking infraction must contain which of the following:
l. Time and place of infraction
ll. License plate
lll. Make and model of vehicle
lV. Body type of vehicle

A) l. and ll. only
B) ll. and lll. only
C) l., ll. and lll. only
D) l., ll., lll. and lV.

A

D
D) l., ll., lll. and lV.

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6
Q

“Local Criminal Court accusatory instruments” include

A) indictments

B) felony complaints

C) Superior Court information

D)misdemeanor complaints

A

B&D
B) Felony complaints

D) Misdemeanor complaints

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7
Q

An indictment is an accusation by:

A) a prosecutor

B) a grand jury

C) a judge

D)a police officer

A

B) a grand jury

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8
Q

Which of the following relate to an indictment?
1) It is a written accusation
2) It is a accusation by a district attorney
3) It is filed with a superior court
4) It only concerns felonies

A) 1 is correct, 2, 3 and 4 are not

B) 2 and 4 are correct, 2 and 3 are not

C) 1 and 3 are correct, 2 and 4 are not

D) 1, 2 and 3 are correct, 4 is not

A

C

1 and 3 are correct, 2 and 4 are not.

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9
Q

And indictment is filed with a superior court in order to

A) charge one or more defendants with a crime

B) alert a grand jury to the possible offenses or crimes

C) commence a criminal action, in all cases

D) serve as a basis for prosecution of a crime

A

A&D

A) Charge one or more defendants with a crime

D) Serve as a basis for prosecution of a crime

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10
Q

A superior court information is classified in CPL as:

A) an indictment determined by a district attorney

B) an information charging a crime, filed by a judge

C) a written accusation by a district attorney, filed with a superior court, which charges a defendant with the commission of one or more offenses at least one of which is a crime

D) a prosecutors accusatory instrument filed with a superior court, which charges a defendant with the commission of one or more offenses, none of which is a crime

A

C
A written accusation by a district attorney, filed with a superior court, with charges a defendant with the commission of one or more offenses at least one of which is a crime.

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11
Q

A “superior court information” is similar in legal effect to an indictment except that a “superior court information” is filed by

A) a grand jury
B) a district attorney
C) a superior court
D) an arresting officer

A

B
a district attorney

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12
Q

An 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 by a person

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

A

B
a verified written accusation by a person

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13
Q

An information may serve

A) both to commence a criminal action and as a basis for prosecution.

B) both to commence a criminal action and to charge one or more defendants with a felony

C) only to commence a criminal action

D) only to serve as a basis for prosecution

A

(A)
Both to commence a criminal action and as a basis for prosecution

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14
Q

A “prosecutors information” can charge a defendant with a:

A) Class A misdemeanor and class B felony

B) traffic infraction and class A felony

C) traffic infraction

D) class C felony

A

(C)
Traffic infraction

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15
Q

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.

A

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

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16
Q

A felony complaint

A) is filed with any Criminal Court

B) serves to commence a criminal action, but may not, except upon the defendant’s consent, serve as a basis for prosecution

C) is a written accusation by a person, filed with a local criminal court, that charges a defendant with a felony but does not serve to commence a criminal action

D) can serve to commence a criminal action but may not serve as a basis for the prosecution of that action

A

D

Can serve to commence a criminal action but may not serve as a basis for the prosecution of that action.

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17
Q

Arraignment refers to a defendant’s appearance in

A) the court which will conduct a trial, only

B) the court in which the criminal action is pending

C) only the first court in which the defendant is produced

D) any Court which will decide, without a jury, defendant’s guilt or innocence, only.

A

(B)

The court in which the criminal action is pending.

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18
Q

Jury trial commences

A) when first witness is sworn

B) when first opening address is made

C) when the judge announces that the case is on trial

D) with selection of the jury

A

(D)

With selection of the jury

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19
Q

Defendant is arrested and charged with a felony. He Demands a jury trial. Which of the following is a part of the jury trial?

A) Opening statements

B) Sentence

C) Selection of jurors

D) Witnesses being sworn at trial.

A

( A, C, D)

A) Opening statements

C) Selection of jurors

D) Witnesses being sworn at trial

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20
Q

Which one of the following constitutes a conviction?

A) The imposition and entry of sentence following the entry of a plea of guilty or a verdict of guilty

B) the entry of a plea of guilty upon a felony complaint

C) the announcement by the court of any order adverse to the defendant

D) the entry of a plea of guilty upon an indictment

A

(D)

The entry of a plea of guilty upon an indictment.

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21
Q

John is caught while committing a felony. He is arrested and processed through a court. The criminal action commences, according to CPL, when :

A) John is arrested

B) John committed the crime

C) John is indicted by a vote of a grand jury

D) the first accusatory instrument is filed against him

A

(D)

The first accusatory instrument is filed against him

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22
Q

Select the correct answer:

A) A court can have preliminary jurisdiction or trial jurisdiction but it cannot have both

B) Only a court having trial jurisdiction can hear witnesses in support of an accusatory instrument

C) Preliminary jurisdiction means that all criminal cases must be screened by a hearing in one court before moving on to another court having trial jurisdiction

D) Trial jurisdiction means basically the authority of a court to make a final disposition of a case on its merits.

A

(D)

Trial jurisdiction means basically the authority of a court to make a final disposition of a case on its merits.

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23
Q

Select the correct answer based on the following statements relating to a appearance ticket.

1) It must be in writing

2) It may be issued only by a police officer

3) It may require defendant to appear in any Criminal Court

4) It cannot be used for a felony

A) only 1 is correct

B) 1 and 2 are correct, 3 and 4 are not

C) 1, 2 and 3 are correct, 4 is not

D) 1, 2, 3 and 4 are correct

A

(A)

          Only 1 is correct
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24
Q

A “summons” in a criminal action is served upon

A) an alleged offender requiring him to appear for trial

B) a defendant who has not yet been charged with any offense

C) a defendant against whom a criminal action has commenced

D) a witness whose attendance is required at a trial

A

(C)

A defendant against whom a criminal action has commenced

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25
Q

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

A

(C)
a summons

26
Q

Select the correct answer.
A summons may be issued by:

A) a local criminal court, only

B) a superior court, only

C) a local or Superior Court

D) a police officer

A

(C)
a local or Superior Court

27
Q

Police have probable cause to believe Joe has committed a crime. They apply to a local criminal court for a court order which directs a police officer to arrest joe, and bring him in for arraignment Upon A filed accusatory instrument. This order is called a:

A) bench warrant

B) Prosecutor’s warrant

C) warrant of arrest

D) search warrant

A

(C)
Warrant of arrest

28
Q

A warrant of arrest is addressed to and can be executed by:

A) a police officer

B) any peace officer

C) a court officer

D) a county clerk’s officer

A

(A)
a police officer

29
Q

An indictment has been filed against a defendant to commence the criminal action against him. In order for an officer to bring the defendant before the court for the purpose of arraignment upon the indictment he must obtain:

A) a summons

B) a warrant of arrest

C) a Superior Court warrant of arrest

D) a bench warrant

A

(C)

A superior court warrant of arrest

30
Q

A “Superior Court warrant of arrest” directs

A) a police officer

B) any peace officer

C) a county marshal

D)a court officer of a superior court

E) the office of arrest warrants to arrest a defendant for arraignment in a superior court

A

(A)

A police officer

31
Q

A process of a criminal court which directs a police officer to take into custody of defendant who has previously been arraigned upon an accusatory instrument by which an action was commenced is:

A) a Superior Court warrant of arrests

B) a bench warrant

C) an indictment

D) a criminal Court warrant

A

(B)
A bench warrant

32
Q

The purpose of a bench warrant is to

A) return a defendant to a jail from which he or she has escaped

B) bring a defendant into court for initial arraignment

C) have a defendant appear before a grand jury to testify

D) produce a defendant in court on a pending criminal action for some purpose other than initial arraignment

A

(D)
Produce a defendant in court on a pending criminal action for some purpose other than initial arraignment.

33
Q

The term prosecutor includes:

A) a district attorney

B) the attorney-general

C) a special prosecutor

D) the New York City Corporation Counsel

A

(A, B, C)
A) A district attorney

B) the attorney-general

C) a special prosecutor

34
Q

Which of the following are police officers, under CPL

A

All answers are correct except a.

35
Q

The State University of New York operates statewide. For security functions in appoints persons who are designated in CPL as

A

(B)
The police officers

36
Q

Select the correct statement as to the geographical area of employment of police officers

A

(A)
A 20-year Veteran New York state police officer has spent all his Police Service assigned to the Dover Plains station in Dutchess County. His geographical area of employment is the entire state.

37
Q

Select the correct statement as the geographical area of employment of a police officer appointed by the State University

A

(D)
The officers geographical area of employment includes University campuses and other university property, including any portion of a public Highway which may cross or abut University property

38
Q

Select all correct statements as to a lesser included offense

(A) intentional assault is a lesser included offense of intentional murder

B) Petit larceny (stealing property, a misdemeanor) is a lesser included offense of grand larceny first degree (stealing over 1 million in property, a class B felony)

C) Sexual abuse first degree (sexual contact by forcible compulsion, a Class D Felony) is a lesser included offense of rape first degree (sexual intercourse by forcible compulsion, a Class B felony)

D) Trespass ( entering premises unlawfully, a violation) is a lesser included offense of burglary first degree (entering a dwelling unlawfully while armed, a class B felony)

A

All choices are correct

39
Q

An attempt to commit an intentional assault maybe successful or unsuccessful. Assume a successful attempt in which the defendant is charged only with the completed assault. It has, however, been agreed that the defendant will voluntarily plead guilty to attempt assault in full satisfaction of the charge. This guilty plea:

A) cannot be accepted, since defendant was charged only with the completed crime.

B) can be accepted, although not included in the indictment.

C) should be entered only if the indictment is amended to add a new charge of attempted assault

D) is illegal and improper in any case, since a grand jury saw fit to charge the completed crime.

A

(B)
Can be accepted, although not included in the indictment

40
Q

According to cpl, an affirmation is most nearly equal to

A) an acknowledgment

B) an oath

C) an allegation

D) a truth

A

(B)
An oath

41
Q

Which of the following constitutes a juvenile offender?

A) a thirteen year old male who commits acts constituting the crime of rape first degree.

B) A twelve year old who commits Acts constituting the crime of intentional murder second degree.

C) A fourteen year old who commits acts constituting the crime of burglary first degree.

D) a fifteen year old who commits acts constituting the crime of robbery third degree.

A

(C)
a fourteen year old who commits acts constituting the crime of burglary first degree

42
Q

Select the correct answer. Which of the following constitutes a juvenile offender?

A) a 13-year-old male who commits acts constituting the crime of rape first degree.

B) a 12-year-old who commits Acts constituting the crime of intentional murder second degree.

C) a 14-year-old who commits acts constituting the crime of burglary first degree.

D) a 15-year-old who commits acts constituting the crime of robbery first degree.

A

(C)
a 14-year-old who commits acts constituting the crime of burglary first degree.

43
Q

Select all correct statements:
As to possession of a loaded firearm by a person 14 years of age select the correct statement:

A) if the possession is in the person’s home there is no criminal responsibility

B) there is Criminal responsibility for any such possession

C) there is Criminal responsibility only if such possession is on school grounds

D) there is Criminal responsibility only if such possession is on school grounds of a public school

A

(A & C)
A)If the possession is in the person’s home there is no criminal responsibility.

C) There is Criminal responsibility only if such possession is on school grounds.

44
Q

New York City Sheriff’s and deputy sheriff’s differ from other New York State Sheriff’s in that New York City Sheriff’s are considered

A) Constables

B) Police and Peace Officiers

C) Police Officers

D) Peace Officiers

A

(D)
Peace officers

45
Q

The Triborough Bridge and Tunnel Authority, operating solely in New York city, employs bridge and tunnel officers, sergeants and lieutenants. Under New York CPL, these employees are considered

A) police officers

B) state officers

C) peace officers

D) none of the above

A

(C)
peace officers

46
Q

Under New York CPL peace officers include

A) Uniformed Court officers of the unified court system

B) an investigator employed by District Attorney’s office

C) all Court Clerks of the unified court system

D) sheriffs of counties outside of New York City

A

(A)
Uniformed Court officers of the unified court system

47
Q

In New York City firefighter has been fighting fires for the past 25 years. Under New York CPL he is considered a

A) Fire Marshal

B) Peace Officier

C) Magistrate

D) Police Officer

A

(B)
Peace officer

48
Q

Petty offenses include:

A) violations only

B) violations and misdemeanors

C) traffic infractions and violations

D) all offenses

A

(C)
traffic infraction and violations

49
Q

A city marshal of New York City who has received appropriate training in firearms is considered to be:

A) both a police and peace officer

B) a police officer

C) a peace officers

D) a patrolman

A

(C)
A peace officer

50
Q

Certain federal law enforcement officers (e.g., FBI special agents, etc) have which of the following powers under the New York Criminal Procedure Law:

I. Power to make a warrantless search when the offense is committed in his presence.

II. Power to use lawful physical force pursuant to law

III. Power to issue appearance ticket under the CPL

A) I only

B) II and III only

C)I and II only

D)I, II, and III

A

(C)

    I and II only
51
Q

A uniformed court officer of the unified court system has the power as a peace officer

A) to act only when on duty

B) to enforce any general, special or local law or local law or charter, rule, regulation, judgment or order when he is required or authorized to act pursuant to his special duties

C) to act only within the geographical area of jurisdiction of the particular court location to which he is assigned

D) to make a rest only based on actual Commission of an offense, rather than on probable cause

A

(B)
to enforce any general, special or local law or carter, rule, regulation, judgment or order, when he is required or authorized to act pursuant to his special duties.

52
Q

Smith commits a crime in New York City. His criminal case can be tried, according to the CPL:

A) only in a local Criminal Court

B) only in a local Criminal Court or Superior Court

C) only in the New York City Criminal Court

D) only in a superior court or County Court

E) only by a superior court justice sitting as a local criminal court.

A

(B)

Only in a local Criminal Court or Superior Court

53
Q

A superior court of criminal jurisdiction refers to :

A) New York city criminal court and Supreme Court

B) Supreme court, Appellate Division and Court of Appeals

C) District court, New York City criminal court and Supreme Court

D) Supreme Court and County Court

A

(D)
Supreme Court and County Court

54
Q

Select the correct answer. Superior Courts have

  1. Unlimited trial jurisdiction over all petty offensives
  2. Exclusive trial jurisdiction of felonies
  3. No trial jurisdiction over misdemeanor s
  4. No trial jurisdiction over petty offenses
  5. Preliminary jurisdiction over all offenses only through their grand juries

A) all of the above are true

B) none of the above are true

C) 2 and are true, the others are not

D) 1 and 2 are true, the others are not

A

(C)

2 and 5 are true, the other are not

55
Q

Superior Courts have trial jurisdiction over

A) only felonies

B) only felonies and misdemeanors

C) Petty offenses, only if there is also a felony charge

D) Petty offenses, only if there is also a crime charged

A

(D)
Petty offenses, only if there is also a crime charged

56
Q

Creep has been indicted on a petty offense. This indictment also charges Creep with a crime. Creep’s case may be heard only in a

A) district court

B) local criminal

C) superior court

D) city court

A

(C)
Superior Court

57
Q

Superior Court judges, when sitting as local criminal courts, may:
1. conduct arraignments
2. issue once of arrest
3. issue search warrant

A) 1, only

B) 1 and 2, only

C) 2, only

D) 2 and 3, only

E) 1, 2 and 3

A

(E)
1, 2 and 3

58
Q

Nick in New York contracts to sell the Brooklyn Bridge which he doesn’t own to a visiting farmer from New Jersey at a reasonable price, considering inflation. This is a form of larceny. The price is agreed upon, a $5 deposit paid in new york, and they drive to New Jersey so the farmer can get the balance of the money. The balance is paid in new jersey. In this situation:

A) Nick can be prosecuted only in New Jersey

B) under New York criminal procedure, there can be no prosecution in New York because of the maxim: “Let the buyer beware”

C) the case must be dismissed because it is ridiculous

D) New Jersey courts are deprived of jurisdiction because the offense was partly committed in New York.

E) Nick could be prosecuted in New york, because conduct constituting an element of the offense occurred in New York

A

(E)
Nick could be prosecuted in New York because conduct constituting an element of the offense occurred in New York

59
Q

Wife intentionally baked a blueberry pie in New York in which she mix rat poison with a blueberries. Her husband was an Arizona on a business trip with his girlfriend. Wife sent the pie to her husband by registered mail, obtaining a signed receipt from him by return mail. She intended to cause his death in arizona, and was successful in doing so. Assume that her conduct is Criminal under New York law as in attempted homicide and, and under Arizona law as a completed homicide. In this situation

A) she can be prosecuted only in Arizona

B) she can be prosecuted in New York for her conduct here which led to his death in Arizona

C) she must be prosecuted first in new york, and after that prosecution is ended she can be prosecuted in Arizona

D) she might prosecuted in Arizona first, and after that prosecution is ended she can be prosecuted in New York

E)

A

(B)
She can be prosecuted in New York for her conduct here which led to his death in Arizona.

60
Q

It is presumed that the death of a victim occurred in New York if:

A) part of the victim’s body is found in New york

B) the murder weapon is found in New york

C) the accused defendant is found in New York

D) the major part of the victim’s body is found in New York

A

(A)
Part of the victim’s body is found in New York

61
Q

A is shot intentionally by be in New jersey, and is transported to New York where he dies. Both New York and New Jersey penal statues forbid B’s action. In this situation:

A) B can be prosecuted in New York for this homicide

B) B cannot be prosecuted in New York for this homicide

C) B can be prosecuted in New York or New Jersey for a crime

D) B cannot be prosecuted for homicide in both New York and New Jersey

A

A) B can be prosecuted in New York for this homicide

C) B can be prosecuted in New York or New Jersey for a crime

D) B cannot be prosecuted for homicide in both New York and New Jersey

Senior Clerk Test (22) (1 decks)

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