Criminal Procedure Law Flashcards
Which one of the following is not an accusatory instrument according to the Criminal Procedure Law?
A: A Felony Complaint B: A Simplified Information C: An Appearance Ticket D: A Misdemeanor Complaint E: An Indictment Reduced
C: An Appearance Ticket
Which one of the following courts is able to exercise exclusive trial jurisdiction over felonies?
A: A County Court B: A Town Court C: A City Court D: A District Court E: New York City Criminal Court
A: A County Court
Which of the following accusatory instruments is a VERIFIED written accusation?
A: Information
B: Simplified Information
C: Prosecutor’s Information
D: Indictment
A: So is a Misdemeanor Complaint and a Felony Complaint.
Which of the following IS an accusatory instrument?
A: An Appearance Ticket
B: A Felony Complaint
C: A Sworn Statement of a Witness
D: A Bill of Particulars
B: A Felony Complaint
The accusatory instrument named below which cannot be used to commence a criminal prosecution is
A: an Indictment.
B: a Felony Complaint.
C: a Misdemeanor Complaint.
D: an Information.
B: Be careful of the language. A Felony Complaint can commence the criminal PROCEEDING but not the PROSECUTION.
Warrants of Arrest issued by which of the following courts are valid anywhere in New York State?
A: Villiage
B: Town
C: City
D: District
D: District
As a general rule, prosecution for a Class B Misdemeanor must be commenced within
A: 1 year from the time the crime was committed.
B: 2 years from the time the crime was committed.
C: 2 years from the time the crime was discovered.
D: 5 years from the time the crime was reported
B: 2 years from the time the crime was committed.
George is an elected public servant who commits a felony related to his duties on July 24, 2012. During the 2012 elections in November, he is defeated and fails to win re-election. His last day in office will be 12/31/12. Assuming George is not prosecuted prior to that date, the latest point in time at which George may be prosecuted successfully for the felony he committed is
A: 12/31/2012. B: 12/31/2017. C: 7/24/2017. D: 7/23/2016. E: 7/24/2022.
B: The rules re: public servants say that he can be prosecuted up until 5 years after he leaves office.
Roger commits a petit larceny by stealing property from the grocery store where he is a clerk. Four years later the grocer sees Roger on the street, tells P.O. Mullins that he wants an arrest made, and P.O. Mullins obliges. At the station house Lieutenant Sullivan criticizes Mullins and says, “You shouldn’t have arrested him. Don’t you know the statute of limitations for a misdemeanor is 2 years?” Lieutenant Sullivan releases Roger.
Lieutenant Sullivan’s actions in releasing Roger can best be characterized as
A: proper; the statute of limitations is a statute of repose.
B: improper; the statute of limitations may have been tolled by such things as Roger’s continuous absence from the state.
C: proper; once the statute of limitations has run, an arrest of the suspect is invalid.
D: improper; the statute of limitations provides an affirmative defense whish must be raised and proved by the defenant
B: improper; the statute of limitations may have been tolled by such things as Roger’s continuous absence from the state.
Regarding “Rules of Evidence” in the C.P.L., which of the following is not correct?
A: Civil Rules of Evidence sometimes can be used in criminal proceedings.
B: A defendant may testify in his own behalf and a failure to do so is a factor from which an inference unfavorable to him may be drawn.
C: A child less than 9 may not testify under oath unless the court is satisfied that he understands the nature of the oath.
D: A defendant may not be convicted of an offense solely upon unsworn evidence given by a child less than 9.
B: A defendant may testify in his own behalf and a failure to do so is a factor from which an inference unfavorable to him may be drawn.
The required corroboration re: accomplice testimony is
A: that which tends to connect the defendant with the commission of the offense.
B: that the crime charged was, in fact, committed by the defendant.
C: that the defendant committed at least an attempt to commit the offense.
D: that the crime charged was, in fact, committed by someone.
A: that which tends to connect the defendant with the commission of the offense.
According to the provisions of the C.P.L., a Felony Complaint must contain certain information. Which of the following is not an absolute requirement?
A: The offense charged
B: The court
C: An arresting officer’s name
D: The facts
C: An arresting officer’s name
Which of the following is/are an accusatory instrument(s)?
- An Indictment
- A Misdemeanor Complaint
- A Bill of Particulars
- A Felony Complaint
A: #1 and #2 but not #3 and #4
B: #2, #3 and #4 but not #1
C: #1, #2 and #4 but not #3
D: #1, #3 and #4 but not #2
C: #1, #2 and #4 but not #3
The general rule re: statute of limitations for a Class A Misdemeanor is that the period is
A: 2 years from the discovery of the crime.
B: 5 years for public servants.
C: 1 year from the commission of the crime.
D: 2 years from the commission of the crime.
D: 2 years from the commission of the crime.
Under the definition section of the C.P.L. (Section 1.20), which of the following would not be considered a VERIFIED WRITTEN ACCUSATION?
A: An Information
B: A Misdemeanor Complaint
C: A Felony Complaint
D: A Prosecutor’s Information
D: A Prosecutor’s Information
