Definitions

Question 1

Name the 7 Accusatory Instruments used in Criminal Court.

Answer 1

1️⃣. Indictment 
2️⃣. Information 
3️⃣Simplified Information
4️⃣Prosecutors Information
5️⃣Superior Court Information
6️⃣Misdemeanor Information
7️⃣Felony Complaint

Question 2

In all Accusatory Instruments Who is always labeled as the plaintiff?

Answer 2

All Accusatory Instruments have the “State” labeled as the plaintiff, and are issued on behalf of the people of the State Of New York against a defendant.

Question 3

Which two Courts in NY have Criminal Jurisdiction?

Answer 3

There are two courts, and those are
1️⃣ Superior Court
2️⃣ Local Criminal Court

Question 4

What are the only accusatory instruments used in Superior Courts?

Answer 4

The only accusatory Instruments used are
1️⃣ Indictments
2️⃣Superior Court Informations
✳️ ALL OTHER ACCUSATORY INSTRUMENTS ARE USED IN THE LOCAL CRIMINAL COURTS.

Question 5

Who Can file an Indictment?

Answer 5

❗️AN INDICTMENT CAN ONLY BE FILED BY A GRAND JURY.

Question 6

What is an Indictment?

Answer 6

❗️AN INDICTMENT IS A WRITTEN ACCUSATION, BY A GRAND JURY. ACCUSING OF AT LEAST 1 CRIME, ( NOTE) IT MAY ALSO INCLUDE ONE OR MORE OFFENSES.

Question 7

Who can file a Superior Court Information?

Answer 7

‼️ A SUPERIOR COURT INFORMATION CAN BE FILED BY A DISTRICT ATTORNEY.

Question 8

According to CPL Law, What is the definition of a Offense?

Answer 8

❌ An offense is any act punishable by a1️⃣FINE,2️⃣AND OR IMPRISONMENT

Question 9

In NY, what is a Crime limited to?

Answer 9

❌ IN NY A CRIME IS LIMITED TO
1️⃣MISDEMEANORS &
2️⃣FELONIES

Question 10

What is an information & who can file it?

Answer 10

📠 AN INFORMATION IS A VERIFIED DOCUMENT, BY AN INDIVIDUAL, WHICH ALLEGES AT LEAST ONE OFFENSE, NONE OF THEM BEING FELONY CHARGES.

Question 11

What is a simplified Information & who can file it?

Answer 11

📠 A SIMPLIFIED INFORMATION IS USUALLY FILED BY A POLICE OFFICER, OR OTHER PUBLIC SERVANT.🔨 CHARGING THE PERSON WITH1️⃣ A TRAFFIC INFRACTION,2️⃣ OR A RELATED MISDEMEANOR.3️⃣ OR A NON FELONY OFFENSE REGARDING PARKS & RECREATION LAW, &4️⃣ENVIRONMENTAL CONSERVATION LAW.

Question 12

Who Can file a Prosecutors Information?

Answer 12

🔴 A prosecutors information is filed by the District Attorney, and is limited to non felony offense.

Question 13

What is a Misdemeanor Complaint?

Answer 13

🔵 A Misdemeanor complaint alleges at least 1 misdemeanor, but no felonies. But if a felony complaint was filed in a Local Criminal Court Specifies Only ONE or more felonies.

Question 14

What is an Arraignment?

Answer 14

⚫️ An Arraignment is an appearance before the court, by which that court acquires control over the defendant.

Question 15

When does a Jury Trial Commence?

Answer 15

🔶 A Jury Trial commences with the selection of the Jury.

Question 16

What is a Bench Trial?

Answer 16

🔶A Bench Trial, is a Trial that commences with the first opening address. If there is no opening address, then with the first witness sworn.

Question 17

What is the definition of a Conviction?

Answer 17

🔺 The Definition of a Conviction is, when the Plea or Verdict is entered. EXCEPT! regarding a felony complaint.

Question 18

What is a Judgement?

Answer 18

🔺 A Judgment is composed of both the Conviction &The Sentence.

Question 19

When Does a Criminal Action Commence?

Answer 19

🔷 A Criminal Action Commences with the Filing of an Accusatory Instrument, and continues until sentencing or other disposition.

Question 20

How Would You Describe a Criminal Action Proceeding?

Answer 20

🔷 A Criminal Action Proceeding, can be part of an ACTION; Or can occur in a Criminal Court with respect to possible, or pending, or completed actions in ANY jurisdiction or involve a Criminal Investigation.

Question 21

What is an Intermediate Appellate Court?

Answer 21

🔲 An Intermediate Appellate Court is, any such court EXCEPT👉🏽 THE COURT OF APPEALS.

Question 22

In Criminal Court What does the Term “JUDGE” mean?

Answer 22

📌 The term Judge includes any Judicial Officer who is a member of a court, including Justices.

Question 23

When does a Court have TRIAL JURISDICTION?

Answer 23

📍 A court has Trial Jurisdiction when it Is the proper venue to file the accusatory instrument. As well as when it has the authority to take a plea or enter a verdict. Or Else a Court can commence a proceeding only, when it has PRELIMINARY JURISDICTION.

Question 24

What is the definition of an “ APPEARANCE TICKET”?

Answer 24

📍 An Appearance Ticket is a written notice by a public servant directing an individual to appear before the court regarding an accusatory instrument which has not yet been filed (But Presumably will be)

Question 25

What is a Summons Used for in Criminal Court?

Answer 25

📍A Summons is process by and of the court itself, directing an actual apperance for arraignment purposes. It may only be issued after an action has commenced.

Question 26

Who Issues Warrant in Criminal Courts?

Answer 26

📝 Warrants are issued by Local Criminal Courts ONLY., and must be executed by POLICE. A Superior Court may issue a, Superior Court WARRANT to the same effect.

Question 27

Who Issues Bench Warrants?

Answer 27

📝 Bench Warrants, are also issued by the LOCAL CRIMINAL COURTS, but may be served by a uniformed Court Officer of NYC/NASSAU/SUFFOLK/WESTCHESTER in addition to the Police.

Question 28

What other name does the “DISTRICT ATTORNEY” go by or Include in Criminal Law?

Answer 28

🔍 The District Attorney also includes the “ Attorney General” as well as such deputies and special appointies.

Question 29

Under CPL when POLICE are mentioned who can be included under the term “POLICE”

Answer 29

👮🏻‍♂️ Under the Term Police according to CPL.
The Following are included:
1.Sworn State & County, Parkway, City Park, & Capital Police.
2.Sheriff’s Outside of NYC ONLY.
3.Investigator Of The Office Of The District Attorney.
4.NYC Fire Investigation Marshalls
5.Long Island Rail Road Police ( And others such authorized by Rail Road Law.
6.Certain Westchester County Public Safety Officers.
7.NYC Water Supply Police.
8.Tax Enforcer
9. State University Police
10.Sworn Buffalo Municipal Housing Authority.
11. Indian Police
12. Forest Ranger

🎗HOWEVER POLICE OFFICERS MAY BE LIMITED TO THEIR GEOGRAPHICAL AREA OF EMPLOYMENT.🎗

Question 30

What is a Lesser Included Offense?

Answer 30

🎲 A Lesser Included Offense , is any such offense where a charge cannot have been committed without also having the lesser included.

Question 31

What is a Petty Offense?

Answer 31

🤹🏽‍♀️ A Petty Offense is a Violation or a Traffic infraction.

Question 32

What is an Armed Felony?

Answer 32

⛓ An Armed Felony is a crime which includes a defendant displaying what appears to be a firearm.

Question 33

What is a Juvenile Offender?

Answer 33

👨🏼‍🎤 A Juvenile Offender is defined as a 14-15 Year old, who commits the following crimes.

1.Murder in the 2nd, Plus Attempted
2.Kidnapping in the 1st Plus Attempted
3.Arson in the 1st
4.Assault in the 1st
5.Manslaughter in the 1st
6.Rape, Criminal Sex Act in the 1st
7.Burglary in the 1st & 2nd
8. Robbery in the 1st & 2nd
9. And if the Juvenile brings a Firearm or Machine gun on school grounds.
or a 13 Year Old Charged with Murder in the 2nd Degree.