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Criminal Court Flashcards

1
Q

PL 10.00 _______ means any instrument, including a vehicle, which is readily capable of causing death or other serious physical injury.

A

A DANGEROUS INSTRUMENT means any instrument, including a vehicle…

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2
Q

PL 10.00 Juvenile offender means ___ year old who is criminally responsible for committing murder 2 degree, or sexually motivated felony (PL 130.91).

A

Juvenile offender means 13 year old who is criminally….

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3
Q

PL 10.00 A (deadly weapon?/dangerous instrument?) means any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or any of the following: switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, metal knuckles.

A

A DEADLY WEAPON means any loaded weapon from which a shot,…

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4
Q

PL 10.00 Offense means conduct for which a sentence of a fine or ____ may be imposed.

A

Offense means conduct for which a sentence or a TERM OF IMPRISONMENT may be imposed.

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5
Q

PL 10.00 Violation is offense (other than traffic infraction) for which sentence in excess of ___ cannot be imposed.

A

Violation is offense (other than traffic infraction) for which sentence in excess of 15 DAYS cannot…

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6
Q

PL 10.00 Misdemeanor means an offense (other than a traffic infraction) for which a sentence of more than 15 days and up to and including ___ can be imposed.

A

Misdemeanor means an offense (other than a traffic infraction) for which a sentence of more than 15 days and up to and including 1 YEAR can be imposed.

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7
Q

PL 10.00 Felony is an offense for which a sentence of more than ___ can be imposed.

A

Felony is an offense for which a sentence of more than ONE YEAR can be imposed.

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8
Q

PL 10.00 Crime means a misdemeanor or a _____.

A

Crime means a misdemeanor of a FELONY

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9
Q

Which of the following apply to a juvenile offender who is 13 years old?

a. manslaughter 1 degree & rape 1 degree
b. murder 2 degree, or sexually motivated felony (PL 130.91)
c. kidnaping 1 degree and attempted kidnaping 1 degree
d. manslaughter 1 degree and rape 1 degree

A

B (PL 10.00) murder 2 degree, or sexuallly motivated felony (PL 130.91) apply to a juvenile offender who is 13 years old

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10
Q

Which of the following statements is not correct?

a. A violation is an offense (other than traffic infraction) for which sentence in excess of 15 days cannot be imposed. (Maximum sentence is 15 days)
b. A misdemeanor is an offense (other than a traffic infraction) for which a sentence of more than 15 days and up to and including a year can be imposed.
c. A felony is an offense for which a sentence of one year or more can be imposed.
d. A crime means a misdemeanor and a felony

A

C (PL 10.00) A felony is an offense for which a sentence of MORE THAN ONE YEAR can be imposed.

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11
Q

Which of the following is not listed as a deadly weapon in PL 10?

a. switchblade knife b. gravity knife
c. pilum ballistic knife d. weapon of mass destruction

A

D (PL 10.00) A weapon of mass destruction is NOT listed…

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12
Q

A dagger, billy, blackjack, metal knuckles are listed in PL 10.00 as

a. dangerous instruments b. deadly weapons
c. dangerous instruments and deadly weapons
d. none of the above

A

B (PL 10.00) A dagger, billy, blackjack, metal knuckles are listed in PL 10.00 as DEADLY WEAPONS.

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13
Q

An offense for which the specified term of imprisonment is 14 days for a :

a. felony b. misdemeanor
c. travesty d. violation

A

D (PL10.00) An offense for which the specified term of imprisonment is 14days is a violation

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14
Q 
A crime can be:
  1. a misdemeanor       2, a felony
  3, a violation
a. 1 & 3 only    b. 2 & 3 only
c. 1 & 2 only    d. none of the above
A

CL (PL 10.00) A crime can be a misdemeanor or a felony

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15
Q

PL 55.05 Felonies are classified into ___ categories

A

Felonies are classified into FIVE CATEGORIES

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16
Q

PL 55.05 Class All felonies are sub-classified as ___ and ___.

A

Class A felonies are sub-classified as CLASS A-1 AND CLASS A-II FELONIES

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17
Q

PL 55.05 Felonies are classified as Class A, Class B, and ___,

A

Felonies are classified as Class A, ClassB, and C, D & E

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18
Q

PL 55.05 Misdemeanors are classified as Class A, B, and ___

A

Misdemeanors are classified as Class A, B, and UNCLASSIFIED MISDEMEANORS

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19
Q

PL 55.10 Any offense defined outside of the Penal Law which is declared to e a felony without specification of the classification or provides a sentence in excess of one year shall be deemed Class ___ Felony

A

Any offense defined outside of the Penal Law which is declared to be a felony……shall be deemed CLASS E FELONY

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20
Q

PL 55.10 Any offense defined outside the Penal Law with a sentence of more than 15 days and up to and including a year shall be deemed a ____.

A

Any offense defined outside the Penal Law with a sentenced of more than 15 days and up to….UNCLASSIFIED MISDEMEANOR

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21
Q

PL 55.10 T/F? Notwithstanding any other provision of the section, an offense defined as a traffic infraction shall not be deemed a violation or a misdemeanor by virtue of the sentence prescribed.

A

TRUE

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22
Q

Misdemeanors are classified into:

a. Class A-1 & Class A-II misdemeanors
b. Class A, ClassB, & Class C misdemeanors
c. Class 1, Class2, and Lass 3 misdemeanors
d. Class A, Class B, and Unclassified Misdemeanors

A

D (PL 55.05) Misdemeanors are classified into class A, Class B, and Unclassified Misdemeanors

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23
Q

Which of the following 3 statements are false?

  1. Class A felonies are sub-classified into Class A-1 felonies & Class A-ii felonies
    2. Class A misdemeanor sentence may be for more than 1 year
  2. Some misdemeanors are unclassified.
    a. 1 only b. 2 only
    c. 3 only d. neither 1 nor 2 nor 3
A

B. (PL 55.05) Class A misdemeanor sentence may be for UP TO ONE YEAR

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24
Q

Which of the following 3 statements about offenses defined outside PL 55.10 is not correct?

  1. If classification is not specified and sentence is more than one year = D felony
  2. If declared a misdemeanor without sentence or classification= A misdemeanor
  3. If sentence is more than 15 days and up to a year = Unclassified Misdemeanor
    a. 1 only b. 1 & 2 only
    c. 2 & 3 only d. 1 & 3 only
A

A (PL 55.10 If classification is not specified and sentence is more than 1 year = E felony

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25
Q

A traffic infraction with a prescribed sentence:

  1. may be deemed a violation by virtue of the prescribed sentence
  2. may be deemed a misdemeanor by virtue of the prescribed sentence
  3. must be deemed a felony by virtue of the prescribed sentence
    a. statement 1 only is correct
    b. statement 1 & 2 are correct
    c. statements 1, 2, and 3 are correct
    d. none of the statements are correct
A

D. (PL 55.10) None of the statements are correct

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26
Q

Memorize fines

A

Page 8

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27
Q

PL 80.00 Fine for a felony (not controlled substance is $5,000 or ____.

A

Fine for a felony (not controlled substance is %5,000 or DOUBLE THE AMOUNT OF THE DEFENDANT’S GAIN

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28
Q

PL 80.05 and 80.10 Alternative sentence for misdemeanor or violation: Court may sentence the defendant to pay an amount not exceeding ___ the amount of the defendant’s gain.

A

Alternative sentence for misdemeanor or violation: Court … amount not exceeding DOUBLE the amount of the defendant’s gain

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29
Q

Fine for a felony (not controlled substance, and not a corporation) is higher of:

a. double the defendant’s gain, or $5,000
b. double the defendant’s gain, or %15,000
c. double the defendant’s gain, or $50,000

A

A(PL 80.00) ….double the defendant’s gain, or $5,000

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30
Q

Which of the following is not a correct fine?
Fine for a felony (controlled substance, and not a corporation) is:
a. A-1 felony $100,000
b. A-II felony $40,000
c. B felony $30,000
d. C felony $15,000

A

B (PL 80.00) Fine for a felony…A-II felony $50,000

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31
Q

Which of the following is not a correct fine?
Fines for misdemeanors and violation (not a corporation) are:
a. A misdemeanor up to $1,500
b. B misdemeanor up to $500
c. Unclassified misdemeanor in accordance with law or ordinance defining crime
d. violation up to $250

A

A (PL 80.05) A misdemeanor up to $1,000

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32
Q

Which of the following is not a correct fine? Fines for a corporation are:

a. felony up to $1,500
b. Class A misdemeanor (not more than 3 months) up to $5,000
c. Class B misdemeanor (3 months or less) up to $2,000
d. violation up to $500

A

A (PL 80.10) Fine for a corporation: felony up to $10,000

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33
Q

(CPL 1.20) A felony complaint is filed in which court?

A

A felony complaint is filed in LOWER CRIMINAL COURT

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34
Q

(CPL 1.20) A misdemeanor complaint is filed in which court

A

A misdemeanor complaint is filed in LOWER CRIMINAL COURT

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35
Q

(CPL 1.20) ____ means the appearance in court of a defendant after an accusatory instrument has been filed for the purpose of the court acquiring personal jurisdiction over a defendant.

A

ARRAIGNMENT means the appearance in court….acquiring personal jurisdiction over a defendant

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36
Q

(CPL 1,20) A verdict is the announcement by the jury of its decision upon defendant’s guilt or innocence (after a jury trial), or the ___ (after a non-jury trial)

A

A verdict is the announcement…or the COURT

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37
Q

(CPL 1.20) T/F? The district court is a superior court.

A

FALSE The district court is a local criminal court

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38
Q

(CPL 1.20) A ___ means any written notice issued by a public servant, requiring a person to appear before a local criminal court in connection with an accusatory instrument filed by which a criminal action has already been commenced.

A

A SUMMONS means any written notice issued by a public servant…..already been commenced

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39
Q

(CPL 1.20) Of the following which one does not commence a criminal action?

a. information b. prosecutor’s information
c. superior court information

A

C. SUPERIOR COURT INFORMATION because it is used after a felony complaint has been filed, if defendant waives indictment and DA consents

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40
Q

(CPL 1.20) Can a misdemeanor or felony complaint be used as the basis of prosecution?

A

NO Exception: misdemeanor complaint can be used as basis for prosecution if defendant waives indictment and DA consents.

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41
Q

(CPL 1.20) T/F? All informations can serve as the basis for prosecution

A

TRUE All informations can serve as the basis for prosecution

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42
Q

(CPL 1.20) T/F? A prosecutor’s information may charge a felony

A

FALSE A prosecutor’s information charges one or more offenses, NONE of which is a felony

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43
Q

(CPL 1.20) A court acquires personal jurisdiction over a defendant at ____

A

A court acquires personal jurisdiction over a defendant at ARRAIGNMENT

44
Q

(CPL 1.20) A criminal jury trial commences with the ___

A

A criminal jury trial commences with the SELECTION OF THE JURY

45
Q

(CPL 1.20) A criminal non-jury trial commences with the ___

A

A criminal non-jury trial commences with the FIRST OPENING ADDRESS, OR IF THERE IS NONE, WHEN THE FIRST WITNESS IS SWORN

46
Q

(CPL 1.20) Conviction means verdict of guilty or ___

A

Conviction means verdict of guilty or ENTRY OF A PLEA OF GUILTY

47
Q

(CPL 1.20) A criminal judgment is comprised of ___ and ___

A

A criminal judgment is comprised of CONVICTION and SENTENCE

48
Q

(CPL 1.20) A criminal action commences with the filing of ___

A

A criminal action commences with the filing of THE ACCUSATORY INSTRUMENT

49
Q

(CPL 1.20) The two superior criminal courts are ___ and ___

A

The two superior criminal courts are the SUPREME COURT and THE COUNTY COURT

50
Q

(CPL 1.20) District Court, NYC Criminal Court, and Justice Courts are what types of courts?

A

District Court, NYC Criminal Court and Justice Courts are LOCAL CRIMINAL COURTS

51
Q

(CPL 1.20) T/F? The Court of Appeals is an intermediate appellate court

A

FALSE The Court of Appeals is NOT an intermediate appellate court. It is the highest court in NYS.

52
Q

(CPL 1.20) When a court has authority to finally dispose of a case, it is said to have ___ jurisdiction.

A

When a court has authority to finally dispose of a case, it is said to have TRIAL jurisdiction

53
Q

(CPL 1.20 T/F? Local criminal courts have trial jurisdiction over all offenses

A

FALSE Local criminal courts do not have trial jurisdiction over felonies

54
Q

(CPL 1.20) T/F? An appearance ticket is an accusatory instrument

A

FALSE An appearance ticket is NOT one of the 7 accusatory instruments

55
Q

(CPL 1.20) Which of the following are accusatory instruments?

  1. summons 3. desk appearance ticket
  2. warrant 4.felony complaint
A

4 Only the felony complaint is one of the 7 accusatory instruments

56
Q

(CPL 1.20) An appearance ticket is issued by ___

A

An appearance ticket is issued by A PUBLIC SERVANT

57
Q

(CPL 1.20) A bench warrant is issued by ___

A

A bench warrant is issued by CRIMINAL COURT

58
Q

(CPL 1.20) T/F? A bench warrant is used to bring a person in for arraignment

A

FALSE A bench warrant is used to bring a person at a time after he has been arraigned

59
Q

(CPL 1.20) T/F? A summons can be issued before an accusatory instrument is filed

A

FALSE A summons is issued AFTER an accusatory instrument is filed

60
Q

(CPL 1.20) T/F? A warrant of arrest can be issued only after accusatory instrument has been filed

A

TRUE A warrant of arrest can be issued only after accusatory instrument has been filed

61
Q

(CPL 1.20) Every accusatory instrument must be entitled, “___” against designated defendant

A

Every accusatory instrument must be entitled,”THE PEOPLE OF THE STATE OF NEW YORK” against designated defendant

62
Q

(CPL 1.20) T/F? For an act to be classified as an armed felony, a deadly weapon must have caused serious physical injury.

A

FALSE For…a deadly weapon NEED NOT HAVE caused serious physical injury.

63
Q

(CPL 1.20) The two accusatory instruments of the superior courts are ___ and ___.

A

The two accusatory instruments of the superior courts are INDICTMENT AND SUPERIOR COURT INFORMATION

64
Q

(CPL 1.20) Simplified informations are used in ___ courts.

A

Simplified informations are used in LOCAL CRIMINAL COURTS.

65
Q

(CPL 1.20) A prosecutor’s information is used in ___ courts.

A

A prosecutor’s information is used in LOCAL CRIMINAL COURTS.

66
Q

(CPL 1.20) Informations filed by a police officer or other public servant are called ___.

A

Informations filed … public servant are calLed SIMPLIFIED INFORMATIONS

67
Q

(CPL 1.20) A superior court information is filed by the ___.

A

A superior court information is filed y the D.A.

68
Q

(CPL 1.20) Misdemeanor complaint charges one or more offenses; at least one must be a ___.

A

Misdemeanor complaint charges one or more offenses; at least one must be a MISDEMEANOR

69
Q

Which of the following are local criminal courts?

  1. justice courts and district courts
  2. county courts and supreme courts
  3. village court and town courts
  4. appellate division and court of appeals
    a. 2 & 4 only b. 4 only c. 1 & 2 only d. 1 & 3 only
A

(CPL 1.20) D. 1 & 3 only
1. justice & district courts (both LCC)
2. county & supreme courts (both superior courts)
3. village & town (both LCC)
4 appellate division & court of appeals (both appellate courts)

70
Q

A(n) ___ means any written notice issued by a public servant, requiring a person to appear before a local criminal court in connection with an accusatory instrument filed by which a criminal action has already been commenced.

a. felony complaint b. a misdemeanor complaint
c. appearance ticket d. summons

A

(CPL 1.20) D A SUMMONS means any written notice issued by a public servant…..

71
Q

An information is filed with the LCC and ___

a. charges at least one misdemeanor
b. charges 1 or more offenses, one a felony
c. charges at least two felonies
d. charges at least one offense, none a felony

A

(CPL 1.20) D An information is filed with the LCC and CHARGES AT LEAST ONE OFFENSES, NONE A FELONY

72
Q

A criminal trial commences with

a. selection of the jury, if a jury trial
b. first opening address, or if none, when first witness is sworn(non-jury).
c. both A and B
d. none of the above

A

(CPL 1.20) C A criminal trial commences with selection of the jury (if a jury trial) or with first opening address, or if none, when first witness is sworn (if a non-jury trial)

73
Q

Conviction means:

a. entry of a plea of guilty before trial
b. a verdict of guilty after trial
c. the filing of an indictment
d. entry of a plea of guilty or verdict of guilty

A

(CPL 1.20) D Conviction means ENTRY OF A PLEA OF GUILTY OR A VERDICT OF GUILTY

74
Q

A criminal judgment is made up of conviction plus___

a. release of bail b. sentence
c. filing with DCJS d. imposition of statutory fines

A

(CPL 1.20) B A criminal judgment is made up of conviction plus sentence.

75
Q

Which commence a criminal action?

a. misdemeanor complaint b. summons
c. felony complaint & bench warrant
d. warrant of arrest

A

(CPL 1.20) A A MISDEMEANOR COMPLAINT commences a criminal action

76
Q

Which is an appellate court?

a. Appellate division b. Justice Court
c. Criminal Court (NYC) d. District Court

A

(CPL 1.20) A The appellate division is an appellate court

77
Q

A juvenile offender must be of the age of:

a. 7-14 b. 14-18 c. 13-15 d. 13-18

A

(CPL 1.20) C A juvenile offender must be of the age of 13-15.

78
Q

Which of the following choices lists at least one item that is not an accusatory instrument?

a. an information and misdemeanor complaint
b. felony complaint and indictment
c. superior court information and prosecutor’s information
d. warrant of arrest and simplified information

A

(CPL 1.20) D A warrant of arrest is not an accusatory instrument

79
Q

Which of the following lists the 2 accusatory instruments of the superior courts?

a. superior court information and felony complaint.
b. superior court information and information
c. superior court information and indictment
d. superior court information and simplified information

A

(CPL 1.20) C Superior court information and indictment are the two accusatory instruments of the supreme court.

80
Q

(CPL 10.10) T/F? A city court must have the word “city” in its title to e denominated as such.

A

FALSE A city court does NOT have to have the word “city”….

81
Q

(CPL 1010) T/F? Submission of papers not in compliance with this section is grounds for denial or granting of any motion.

A

FALSE Submission of papers not in compliance with this section is NOT grounds…

82
Q

(CPL 10.10) A district court is a ____ court.

A

A district court is a LOCAL CRIMINAL court.

83
Q

(CPL 10.10) A justice court is a ___ court

A

A justice court is a LOCAL CRIMINAL court

84
Q

(CPL 10.20) The courts which have exclusive trial jurisdiction over all felonies are ___ courts.

A

The courts which have exclusive trial jurisdiction over all felonies are SUPERIOR COURTS

85
Q

(CPL 10,20) Local criminal courts have preliminary jurisdiction over ___ offenses.

A

Local criminal courts have preliminary jurisdiction over ALL offenses

86
Q

(CPL 10.20) Local criminal courts have concurrent trial jurisdiction with superior courts over all ___.

A

Local criminal courts have concurrent trial jurisdiction with superior courts over all MISDEMEANORS

87
Q

(CPL 10.30) Local criminal courts have exclusive trial jurisdiction over ___ offenses.

A

Local criminal courts have exclusive trial jurisdiction over PETTY offenses.

88
Q

(CPL 10.30) T/F? Superior court judge sitting as LCC has trial jurisdiction over all offenses.

A

FALSE A superior court judge sitting as a LCC does NOT have trial jurisdiction over felonies, but has preliminary jurisdiction only

89
Q

(CPL 10.30) T/F? County court judge sitting as a LCC has trial jurisdiction over all offenses.

A

FALSE County court judge sitting as a LCC DOES NOT have trial jurisdiction over all offenses, but has preliminary jurisdiction only

90
Q

(CPL 10.10) The two types of criminal courts are ___ and ___.

A

The two types of criminal courts are LOCAL CRIMINAL COURTS and SUPERIOR COURTS.

91
Q

(CPL 10.10) T/F? The New York City criminal court is a superior court.

A

FALSE The NYC criminal court is a LOCAL CRIMINAL COURT

92
Q

Which of the following has the power to adopt, amend, and rescind forms?

a. The Chief Judge of the Court of Appeals.
b. Any judge of the supreme court
c. Any judge of the Court of Appeals
d. The Chief Administrator of the courts

A

(CPL 10.40) D Chief Administrator of the Courts has the power to adopt, amen, and rescind forms.

93
Q

A superior court judge sitting as a LCC has:

  1. trial jurisdiction over felonies only
  2. preliminary jurisdiction over felonies only
  3. both preliminary and trial jurisdiction over felonies
    a. only 1 is correct b. only 2 is correct
    c. all d. only 3 is correct
A

(CPL 10.20) B A superior court judge sitting as a LCC has preliminary jurisdiction over felonies only

94
Q

Choose the best answer:
Superior courts have trial jurisdiction over all:
a. misdemeanors concurrent with that of LC
b. felonies (exclusive trial jurisdiction)
c. petty offenses (when charged in an indictment).
d. all of the above

A

(CPL 10.20) D ALL OF THE ABOVE

95
Q

Which is not correct?

a. Local criminal courts have trial jurisdiction ober all offenses
b. Local criminal courts have trial jurisdiction over petty offenses.
c. Local criminal courts have trial jurisdiction over misdemeanors
d. Superior courts have trial jurisdiction over petty offenses (by indictment).

A

(CPL 10.30) A Local criminal courts do NOT have trial jurisdiction over felonies

96
Q

Which of the following pairs contains two local criminal courts?

a. town court and county court
b. district court and justice court
c. county court and district court
d. justice court and court of appeals

A

(CPL 10.10) B district court and justice court

97
Q

Which of the following pairs contains two superior courts?

a. town court and county court
b. district court and justice court
c. county cout and supreme court
d. justice court and court of appeals

A

(CPL 10.10) C county court and supreme court

98
Q

(CPL 30.10) T/F? The statute of limitations for a petty offense is 2 years

A

FALSE The statute of limitations for a petty offense is 1 YEAR

99
Q

(CPL 30.10) In calculating s/l time periods, the following periods shall NOT be included: 1. period after offense during which defendant was outside NYS, of 2. ____

A

in calculating s/l time periods, the following…2. WHEREABOUTS OF DEFENDANT ARE UNKNOWN.

100
Q

(CPL 30.30) Fill-in the following table:
offense People must be ready for trial within t
this period after filing of accusatory i
instrument
felony ?
misdemeanor over
3 months ?
misdemeanor up to
3 months ?
petty offense ?

A

felony 6 months

misdemeanor
over 3 months 90 days

misdemeanor
up to 3 month 60 days

petty offense 30 days

101
Q

(CPL 30.30) In felony case, motion to dismiss must be granted if people are not ready for trial after 6 months of 1. arrest 2. imprisonment
3. filing of accusatory instrument

A
  1. filing of accusatory instrument
102
Q

(CPL 30.30) T/F? Seedy trial time requirements apply in all cases.

A

FALSE Speedy trial time requirements do NOT apply in all cases

103
Q

(CL 30.10) Statute of limitations for Class A felony is ___

A

Statute of limitations for Class A felony is ANY TIME

104
Q

(CPL 30.10) Statute of limitations for B, C, D, or E felony is ___

A

Statute of limitation for B, C, D, or E felony is 5 YEARS

105
Q

(CPL 30.10) T/F/? S/L tolls in a criminal case if defendant is outside the state or his whereabouts are unknown.

A

TRUE

106
Q

(CPL 30.30) Speedy trial time limitations DO NOT apply to murder in the 1 or 2 degree, aggravated murder, manslaughter in the 1 or 2 degree, and ___.

A

Speedy trial time limitations DO NOT apply to murder …and CRIMINALLY NEGLIGENT HOMICIDE

civil court (3 decks)

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