Final Exam - VJC Resources 2022

Question 1

1. (1.20-4) A verified written accusation by a person filed with a local criminal court charging one or more defendants with the commission of one or more offenses, none of which is a felony, and which may serve both to commence an action and as a basis for prosecution, is
   a) a prosecutor’s information
   (b) a misdemeanor complaint
   (c) an information
   (d) a simplified information

Answer 1

C

Question 2

2. (1.20-37) When it is impossible to commit a particular crime without, at the same time, committing by the same conduct another offense of lesser grade or degree, the latter is respect to the former
   (a) a concurrent court
   (b) an inconsistent count
   (c) a lesser included offense
   (d) a consecutive count

Answer 2

C

Question 3

3. FCA 355.3,7 A petition for extension of placement shall be filed at least _____ days prior to the expiration of the period of placement, except for good cause shown, but in no event after original placement expiration date.
   (a) 40
   (b) 20
   (c) 60
   (d) 35

Answer 3

C

355.3 Extension of placement. 1. In any case in which the respondent has been placed pursuant to section 353.3 the respondent, the person with whom the respondent has been placed, the commissioner of social services, or the division for youth may petition the court to extend such placement. Such petition shall be filed at least sixty days prior to the expiration of the period of placement, except for good cause shown but in no event shall such petition be filed after the original expiration date.
(NEW) 7. A youth who was formerly a respondent pursuant to this article may be eligible to file a motion pursuant to article ten-B of this act and may be subsequently placed into foster care, in a supervised setting as defined in subdivision twenty-two of section three hundred seventy-one of the social services law or placement in a foster family home, which shall include a kinship placement or a placement with fictive kin.

Question 4

4. (1.20-8) A Felony complaint (1) is a verified written accusation by a person
   (2) may not serve as a basis for prosecution
   (3) must be filed with a superior court
   (4) may serve as a basis for prosecution
   a) 1, 3 and 4 only
   b) 2, 3 and 4 only
   c) 1, and 2 only
   d) 1 and 3 only

Answer 4

C

Question 5

5. (30.20-1) (Best answer) According to the CPL, insofar as is practicable, defendant John Doe, incarcerated for the offense of petit larceny and bail being set in the amount of $500.00, has trial preference over
   (a) a defendant out on bail of $100,000
   (b) a respondent in a 3 million-dollar civil law suit
   (c) a defendant charged with Murder 2nd degree and out on bail of $250,000
   (d) defendant John Doe has trial preference as to all of the above

Answer 5

D

Question 6

6. (30.30-1c) A motion to dismiss must be granted for lack of a speedy trial where the people are not ready for trial within ________ wherein the defendant is charged with a misdemeanor punishable by a sentence of imprisonment of not more than 3 months
   (a) 90 days
   (b) 60 days
   (c) 30 days
   (d) 15 days

Answer 6

B

Not held in Custody -
6 months (felony), 90 (Mis more than 3 mo), 60 (Mis less than 3 mo), 30 (violation)
Held in Custody -
90 (felony), 30 (Mis more than 3 mo), 15 (Mis less than 3 mo), 5 (violation)

Question 7

7. (180.30-2) When a defendant is held for the action of a grand jury, all pertinent documents must be promptly transmitted from a local criminal court to:
   (a) the grand jury.
   (b) the district attorney
   (c) the superior court
   (d) the criminal court

Answer 7

C

Question 8

• AND- (related to #7)
  8. (180.75-3a) the felony complaint
  (a) is deemed dismissed
  (b) is deemed a nullity
  (c) is promptly transmitted to the superior court
  (d) None of the foregoing

Answer 8

C

Proceedings upon felony complaint; juvenile offender.
1. When a juvenile offender or adolescent offender is arraigned before the youth part of a superior court or the most accessible magistrate designated by the appellate division of the supreme court in the applicable department to act as a youth part, the provisions of article seven hundred twenty-two of this chapter shall apply in lieu of the provisions of sections 180.30, 180.50 and 180.70 of this article.

Question 9

9. (180.10-1) At the defendant’s arraignment upon a felony complaint, the court must inform him of the charge(s) against him:
   (a) without delay
   (b) promptly
   (c) immediately
   (d) forthwith

Answer 9

C

Proceedings upon felony complaint; arraignment; defendant’s rights, court’s instructions and bail matters.
1. Upon the defendant’s arraignment before a local criminal court upon a felony complaint, the court must immediately inform him, or cause him to be informed in its presence, of the charge or charges against him and that the primary purpose of the proceedings upon such felony complaint is to determine whether the defendant is to be held for the action of a grand jury with respect to the charges contained therein. The court must furnish the defendant with a copy of the felony complaint.

Question 10

• AND- (related to #9)
  10. (180.10-1) The court must inform the defendant that the primary purpose of the proceedings upon such felony complaint is
  (a) to inform the defendant of his rights to a felony hearing
  (b) to determine whether the defendant is to be held for the action of the grand jury
  (c) to arraign the defendant upon the felony complaint
  (d) to acquire and exercise control over the defendant

Answer 10

B

1. Upon the defendant’s arraignment before a local criminal court upon a felony complaint, the court must immediately inform him, or cause him to be informed in its presence, of the charge or charges against him and that the primary purpose of the proceedings upon such felony complaint is to determine whether the defendant is to be held for the action of a grand jury with respect to the charges contained therein. The court must furnish the defendant with a copy of the felony complaint.

Question 11

11. (180.10-2) That the defendant, has a right to a _____________ determine if there is sufficient evidence, has a right to
    (a) an immediate hearing
    (b) a prompt hearing
    (c) a hearing within 144 hours
    (d) a hearing within 120 hours

Answer 11

B

Question 12

12. (100.15) (Best answer) An information, a misdemeanor complaint or a felony complaint must contain
    (a) an accusatory part verified by a person known as the complainant
    (b) a factual part verified by a person known as the complainant
    (c) an accusatory part and a factual part.
    (d) b and c above.
    (e) a, b and c above
    (f) a and c above

Answer 12

D

Each instrument must contain an accusatory part and a factual part. The complainant’s verification of the instrument is deemed to apply only to the factual part thereof and not to the accusatory part. The accusatory part of each such instrument must designate the
offense or offenses charged.

Question 13

13. (190.25-3,3a) During the deliberations and voting of a grand jury only the grand jurors may be present in the grand jury room, with the possible exception of a sign language interpreter upon the request of a deaf or hearing-impaired grand juror. During its other proceedings, the following persons, in addition to witnesses, may also be present
    (1) the district Attorney (2) the judge (3) an interpreter
    (4) a public servant holding a witness in custody
    (5) a social worker providing emotional support for a child 12 years or younger
    (a) All of the above (b) 1, 3, 4 and 5 only (c) 1, 3 and 4 only (d) 1, 2, 3 and 4 only

Answer 13

B

NO JUDGE

1. DA
2. Clerk or public servant
3. stenographer
4. interpreter
5. public servant holding a witness in custody
6. Atty representing a witness
7. Operator (of video examination)
8. Social worker/rape crisis counselor/psychologist/emotional support to child witness 12 years or younger

Question 14

14. (190.60) After hearing and examining evidence, a grand jury may
    (1) indict a person
    (2) dismiss the charge
    (3) submit a grand jury report
    (4) direct the district attorney to file a prosecutor’s information with the local criminal court
    (5) direct the district attorney to file a request for removal to the family court

(a) All of the above (b) 1 only (c) 1, 2 and 4 only (d) 1, 3 and 4 only

Answer 14

A

DRIP?

190.60 Grand jury; action to be taken.
After hearing and examining evidence as prescribed in section 190.55,
a grand jury may:
1. Indict a person for an offense, as provided in section 190.65;
2. Direct the district attorney to file a prosecutor’s information
with a local criminal court, as provided in section 190.70;
3. Direct the district attorney to file a request for removal to the
family court, as provided in section 190.71 of this article.
4. Dismiss the charge before it, as provided in section 190.75;
5. Submit a grand jury report, as provided in section 190.85.

Question 15

15. (190.25-2) Witnesses appearing before the grand jury may be given an oath or sworn by
    (a) the foreman or any grand juror
    (b) the foreman or acting foreman only
    (c) the clerk of the court
    (d) the court or the district attorney

Answer 15

A

190. 25 Grand jury; proceedings and operation in general.
191. Proceedings of a grand jury are not valid unless at least sixteen of its members are present. The finding of an indictment, a direction to file a prosecutor’s information, a decision to submit a grand jury report and every other affirmative official action or decision requires the concurrence of at least twelve members thereof.
192. The foreman or any other grand juror may administer an oath to any witness appearing before the grand jury.

Question 16

16. (195.10-1,2b) A defendant may waive indictment and consent to be prosecuted by superior court information
    (a) at any time prior to the filing of an indictment
    (b) at any time prior to the grand jury voting an indictment
    (c) at any time prior to the matter being transferred to the grand jury
    (d) at any time the matter is still pending in the local criminal court

Answer 16

A

195.10 Waiver of indictment; in general.
1. A defendant may waive indictment and consent to be prosecuted by superior court information when:
(a) a local criminal court has held the defendant for the action of a grand jury; and
(b) the defendant is not charged with a class A felony punishable by death or life imprisonment; and
(c) the district attorney consents to the waiver.
2. A defendant may waive indictment pursuant to subdivision one in either:
(a) the local criminal court in which the order was issued holding the defendant for action of a grand jury, at the time such order is issued;
or
(b) the appropriate superior court, at any time prior to the filing of
an indictment by the grand jury.

Question 17

17. (200.70-1) Amendments to an indictment may be made at anytime before or during trial with respect to defects, errors or variances from the proof relating to matters of (1) time (2) place (3) names of persons
    (4) theories of the prosecution as reflected in the evidence before the grand jury
    (a) All of the above
    (b) 1 , 2 and 3 only
    (c) None of the above
    (d) 1 and 4 only

Answer 17

B

Question 18

NOT ON EXAM!!!

18. (216.00-1a) A defendant is not an “eligible defendant” for a judicial diversion program if he/she, within the preceding ten years, has previously been convicted of (1) any crime (2) a violent felony offense (3) any felony (4) a class ‘A’ felony
    (a) All of the above
    (b) 2,3and4only
    (c) 4only
    (d) 2and4only

Answer 18

D

Question 19

19. FCA 302.2 Statute of limitations for JD misdemeanors is 2 years or up to respondents ____ birthday, whichever occurs earlier.
    (a) 15
    (b) 18
    (c) 16
    (d) 21

Answer 19

B

Question 20

20. FCA 353.5 Restrictive placement (designated class A felony) shall be for a period of ____ years.
    (a) 5
    (b) 2
    (c) 3
    (d) none of the above

Answer 20

A

FELONY 5

Question 21

21. (220.60-3) The court, in its discretion, may permit a defendant who has entered a plea of guilty to the entire indictment or to part of the indictment, to withdraw such plea
    (a) at any time before rendition of a verdict
    (b) at any time before the imposition of sentence
    (c) at any time before commencement of trial
    (d) at any time

Answer 21

B

3. At any time before the imposition of sentence, the court in its discretion may permit a defendant who has entered a plea of guilty to the entire indictment or to part of the indictment, or a plea of not responsible by reason of mental disease or defect, to withdraw such plea, and in such event the entire indictment, as it existed at the time of such plea, is restored.

Question 22

22. (220.30 & 220.50-1) Which of the following is/are correct regarding the entry of a plea to an indictment (1) The entry and acceptance of a plea of guilty to part of the indictment constitutes a disposition of the entire indictment (2) A defendant must be present upon entry of a plea to an indictment, without exception (3) A plea to an indictment against a corporation must be entered by counsel (4) A plea to an indictment which does not charge a felony may, with the permission of the court, be entered by counsel upon submission by him of a written authorization of the defendant
    (a) All of the above
    (b) 1, 3 and 4 only
    (c) 3 and 4 only
    (d) 1 and 2 only

Answer 22

B

Question 23

23. (260.30) From the choices given, select the proper order of a jury trial of an indictment
    (1) The defendant may deliver an opening address to the jury
    (2) The people must deliver an opening address to the jury
    (3) The defendant must offer evidence
    (4) The people must offer evidence
    (5) The defendant may offer evidence
    (6) The defendant may make summations to the jury
    (7) The defendant must make summations to the jury
    (8) The people must make summations to the jury
    (9) The people may make summations to the jury
    (a) 1-3-6-5-8 (b) 2-3-6-5-9
    (c) 2-1-4-5-6-9 (d) 2-3-6-7-8

Answer 23

C

Question 24

24. (270.25,30) During the jury trial of an indictment involving three defendants who are juvenile offenders, and the highest crime charged is a class ‘C’ felony; the maximum combined number of peremptory challenges that may be permitted the defendants as to regular and alternate jurors if there are to be two alternate jurors sitting
    (a) 19
    (b) 21
    (c) 29
    (d) 51

Answer 24

A – 15 plus 2 for each alternate = 19

270. 25 Trial jury; peremptory challenge of an individual juror.
     1. A peremptory challenge is an objection to a prospective juror for which no reason need be assigned. Upon any peremptory challenge, the court must exclude the person challenged from service.
     2. Each party must be allowed the following number of peremptory challenges:
     (a) Twenty for the regular jurors if the highest crime charged is a class A felony, and two for each alternate juror to be selected.
     (b) Fifteen for the regular jurors if the highest crime charged is a class B or class C felony, and two for each alternate juror to be selected.
     (c) Ten for the regular jurors in all other cases, and two for each alternate juror to be selected.
     3. When two or more defendants are tried jointly, the number of peremptory challenges prescribed in subdivision two is 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.

Question 25

25. (270.25-1,2) During the selection of a jury in the trial of an indictment, each party is allowed two peremptory challenges for each alternate juror and the following number of peremptory challenges as to the regular jurors
    (1) 20, if the highest crime charged is a class ‘A’ felony
    (2) 15, if the highest crime charged is a class ‘B’ felony
    (3) 10, if the highest crime charged is a class ‘C’ felony
    (4) 10, if the highest crime charged is a class ‘D’ felony
    (5) 10, if the highest crime charged is a class ‘E’ felony
    (6) 10, if the highest crime charged is a misdemeanor
    (a) 1, 2, 4, 5 and 6 only
    (b) 1 and 3 only
    (c) 2, 3, 4 and 6 only
    (d) 1, 2 and 4 only

Answer 25

A

270. 25 Trial jury; peremptory challenge of an individual juror.
     1. A peremptory challenge is an objection to a prospective juror for which no reason need be assigned. Upon any peremptory challenge, the court must exclude the person challenged from service.
     2. Each party must be allowed the following number of peremptory challenges:
     (a) Twenty for the regular jurors if the highest crime charged is a class A felony, and two for each alternate juror to be selected.
     (b) Fifteen for the regular jurors if the highest crime charged is a class B or class C felony, and two for each alternate juror to be selected.
     (c) Ten for the regular jurors in all other cases, and two for each alternate juror to be selected.
     3. When two or more defendants are tried jointly, the number of peremptory challenges prescribed in subdivision two is 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.

Question 26

26. (280.10-3, 280.20 & 310.60-1c,2 & 330.50-4) (Best answer) Upon a new trial resulting from an order declaring a mistrial the indictment is deemed to contain all the counts and to charge the same offenses it contained at the time the previous trial was commenced, regardless of whether any count was thereafter dismissed by the court prior to the mistrial, except where
    (a) the mistrial was declared when it was physically impossible to proceed with the trial in conformity with law
    (b) the mistrial was declared during jury deliberations
    (c) the mistrial was declared resulting from an order setting aside a verdict
    (d) ‘c’ only
    (e) ‘a’ and ‘c’ only
    (f) ‘b’ only

Answer 26

F

Question 27

27. (300.10-1,5) At the conclusion of the summations, the court must deliver a charge to the jury. Requests to charge may be made
    (1) only in writing
    (2) only before the court’s charge
    (3) both before and after the court’s charge
    (4) orally or in writing
    (a) 3 and 4 only (b) 1 and 2 only
    (c) 2 and 4 only (d) 1 and 3 only

Answer 27

A

1. At the conclusion of the summations, the court must deliver a charge to the jury.
2. Both before and after the court’s charge, the parties may submit requests to charge, either orally or in writing, and the court must rule promptly upon each request. A failure to rule upon a request is deemed a denial thereof.

Question 28

28. (310.30) At any time during its deliberations the jury may request the court for further instructions with respect to the law. Upon such request (1) the court must direct that the jury be returned to the courtroom (2) the defendant must be present when the requested information is given (3) the district attorney must be present when the requested information is given (4) the defense counsel must be notified of the jury request
    (a) 2 and 3 only
    (b) 1, 2 and 3 only
    (c) 1, 2 and 4 only
    (d) All of the above

Answer 28

C

§ 310.30 Jury deliberation; request for information.
At any time during its deliberation, the jury may request the court for further instruction or information with respect to the law, with respect to the content or substance of any trial evidence, or with respect to any other matter pertinent to the jury’s consideration of the case. Upon such a request, the court must direct that the jury be returned to the courtroom and, after notice to both the people and counsel for the defendant, and in the presence of the defendant, must give such requested information or instruction as the court deems proper. With the consent of the parties and upon the request of the jury for further instruction with respect to a statute, the court may also give to the jury copies of the text of any statute which, in its discretion, the court deems proper.

Question 29

29. (330.20-6) Upon the initial hearing of a defendant found not responsible by reason of mental disease or defect, the district attorney must establish that the defendant
    (a) has a dangerous mental disorder or is mentally ill
    (b) is mentally defective
    (c) is an incapacitated person
    (d) is not fit to proceed

Answer 29

A

After the examination reports are submitted, the court must, within ten days of the receipt of such reports, conduct an initial hearing to determine the defendant’s present mental condition.
At such initial hearing, the district attorney must establish to the satisfaction of the court that the defendant has a dangerous mental disorder or is mentally ill. If the court finds that the defendant has a dangerous mental disorder, it must issue a commitment order. If the court finds that the defendant does not have a dangerous mental disorder but is mentally ill, the provisions of subdivision seven of this section shall apply.

Question 30

30. FCA 1031 T/F? Court may on its own motion substitute neglect petition for an abuse petition.

Answer 30

T

Question 31

31. (350.10-5) Upon a single judge trial of an information, if the information contains more than one count the court must render a verdict upon each count not previously dismissed. A verdict which does not so dispose of each count
    (a) constitutes a dismissal as to each undisposed count
    (b) constitutes an acquittal as to each undisposed count
    (c) constitutes a verdict of not guilty as to each undisposed count
    (d) is deemed a nullity

Answer 31

C

5. If the information contains more than one count, the court must render a verdict upon each count not previously dismissed or must otherwise state upon the record its disposition of each such count. A verdict which does not so dispose of each count constitutes a verdict of not guilty with respect to each undisposed of count.

Question 32

32. (360.30,35) In the jury trial of an information, the maximum combined number of peremptory challenges both sides may use in selecting the regular jurors and alternate jurors if the number of alternate jurors is to be two, is
    (a) 8
    (b) 10
    (c) 14
    (d) 28

Answer 32

A

360.20 Trial jury; examination of prospective jurors; challenges generally.
If no challenge to the panel is made as prescribed by section 360.15, or if such challenge is made and disallowed, the court must direct that the names of not less than six members of the panel be drawn and called.

360.35
Immediately after the last trial juror is sworn, the court may in its discretion direct the selection of either one or two additional jurors to be known as “alternate jurors.” The alternate jurors must be drawn in the same manner, must have the same qualifications, must be subject to the same examination and challenges for cause and must take the same oath as the regular jurors. Whether or not a party has used its peremptory challenge in the selection of the trial jury, one peremptory challenge is authorized in the selection of the alternate jurors.

Question 33

33. (380.40-1,2) In general, the defendant must be personally present at the time sentence is pronounced. Exception; where sentence is to be pronounced for a misdemeanor or for a petty offense, the court may, on motion of the defendant, dispense with the requirement that the defendant be personally present. Any such motion must be accompanied by a waiver, signed by the defendant reciting
    (a) the maximum sentence that may be imposed
    (b) the minimum sentence that may be imposed
    (c) the maximum and the minimum sentence that may be imposed
    (d) None of the foregoing is correct

Answer 33

A

1. In general. The defendant must be personally present at the time sentence is pronounced.
   
   2. Exception. Where sentence is to be pronounced for a misdemeanor or for a petty offense, the court may, on motion of the defendant, dispense with the requirement that the defendant be personally present. Any such motion must be accompanied by a waiver, signed and acknowledged by the defendant, reciting the maximum sentence that may be imposed for the offense and stating that the defendant waives the right to be personally present at the time sentence is pronounced.
   3. Corporations. Sentence may be pronounced against a corporation in the absence of counsel if counsel fails to appear on the date of sentence after reasonable notice thereof.

Question 34

34. (380.60) A document that constitutes the authority for execution of the sentence and serves as the order of commitment is
    (a) an order of authorization of commitment
    (b) a sentence and commitment or certificate of conviction
    (c) a document of conviction
    (d) an order of commitment

Answer 34

B

Except where a sentence of death is pronounced, a sentence and commitment or certificate of conviction showing the sentence pronounced by the court, or a certified copy thereof, constitutes the authority for execution of the sentence and serves as the order of commitment, and no other warrant, order of commitment or authority is necessary to justify or to require execution of the sentence.

Question 35

35. (390.30-6) In any case where the court determines that a defendant is eligible for a sentence of probation, the court, after consultation with the prosecutor and upon the consent of the defendant, may adjourn the sentencing to a specified date and order that the defendant be placed on interim probation supervision. In no event may sentencing be adjourned for a period exceeding
    (a) 6 months from the date the conviction is entered
    (b) 30 days from the date the conviction is entered
    (c) 1 year from the date the conviction is entered
    (d) 18 months from the date the conviction is entered

Answer 35

C

Question 36

36. FCA 1072 Willful failure to comply with Article 10 order can be punished by jail up to___:
    (a) 10 months
    (b) 6 years
    (c) 12 months, if respondent was previously convicted of a misdemeanor in LCC
    (d) 6 months

Answer 36

D

Question 37

37. (390.20-4) A pre-sentence investigation may be waived by the mutual consent of the parties and with the consent of the judge, stated on the record or in writing, whenever the sentence to be imposed is (1) a sentence of time served has been agreed upon by the parties and will be satisfied by the time served (2) a sentence of probation has been agreed upon by the parties and will be imposed (3) a report has been prepared in the preceding 18 months (4) a sentence of probation is revoked
    (a) 1 and 2 only
    (b) 1, 2 and 4 only
    (c) 1, 2 and 3 only
    (d) A pre-sentence investigation may be waived for all of the above

Answer 37

B

4. Waiver. (a) Notwithstanding the provisions of subdivision one or two of this section, a pre-sentence investigation of the defendant and a written report thereon may be waived by the mutual consent of the parties and with consent of the judge, stated on the record or in writing, whenever:
   (i) A sentence of imprisonment has been agreed upon by the parties and will be satisfied by the time served, or
   (ii) A sentence of probation or conditional discharge has been agreed upon by the parties and will be imposed, or
   (iii) A report has been prepared in the preceding twelve months, or
   (iv) A sentence of probation is revoked.

• Provided, however, a pre-sentence investigation of the defendant and a written report thereon shall not be waived if an indeterminate or determinate sentence of imprisonment is to be imposed.
• NB Effective until September 1, 2023
• Provided, however, a pre-sentence investigation of the defendant and a written report thereon shall not be waived if an indeterminate sentence of imprisonment is to be imposed.
• NB Effective September 1, 2023

Question 38

38. (FCA 1014) Which of the following statements relating to a child abuse proceeding is correct?
    A. FC cannot transfer proceeding to criminal court.
    B. FC and criminal court can have concurrent proceedings.
    C. FC cannot grant respondent testimonial immunity.
    D. FC proceedings are criminal in nature.

Answer 38

B

Question 39

39. (FCA 1015) Which of the following is false? VENUE of a proceeding under article 10 of the FCA may be:
    A. county where child resides at time petition is filed
    B. county of residence of the person who has custody of the child
    C. county where child resided at time child abuse act occurred
    D. county of domicile of the person who has custody of the child

Answer 39

C

1015. Venue. (a) Proceedings under this article may be originated in the county in which the child resides or is domiciled at the time of the filing of the petition or in the county in which the person having custody of the child resides or is domiciled. For the purposes of this section, residence shall include a dwelling unit or facility which provides shelter to homeless persons or families on an emergency or temporary basis.
      (b) If in another proceeding under this act the court directs the filing of an abuse or neglect petition, the venue provision of the article under which the other proceeding is brought and the provisions of part seven of article one shall apply.

Question 40

40. (410.30) If at any time during the period of a sentence of probation or conditional discharge the court receives a request for a declaration of delinquency by a probation officer, it shall make a decision on such request within
    (a) 72 hours
    (b) 24 hours
    (c) 10 days
    (d) 7 days

Answer 40

A

When the court receives a request for a declaration of delinquency by a probation officer, it shall make a decision on such request within seventy-two hours of its receipt of the request.

Question 41

41. (410.90) According to the Criminal Procedure Law, the court
    (a) may not terminate a sentence of probation
    (b) may terminate a sentence of lifetime probation, but only if a person has been on unrevoked probation for at least 5 consecutive years
    (c) may not terminate a sentence of lifetime probation
    (d) may terminate any sentence of probation, at any time

Answer 41

B

1. The court may at any time terminate either a period of probation, other than a period of lifetime probation, for conviction to a crime or a period of conditional discharge for an offense.
   
   2. The court may terminate a period of probation for a person who is subject to lifetime probation and who has been on unrevoked probation for at least five consecutive years.

Question 42

42. (410.30 & 410.70-5) If at an time during the period of a sentence of conditional discharge the court has reasonable cause to believe that the defendant has violated a condition of the sentence, it may declare the defendant delinquent and file a written declaration of delinquency and after a hearing, the court may
    (1) vacate the sentence (2) enlarge the sentence (3) revoke the sentence (4) continue the sentence (5) modify the sentence
    (a) 1 and 5 only (b) 1 and 4 only (c) 1, 2 and 3 only (d) 3, 4 and 5 only

Answer 42

D

Question 43

43. (420.10-6) A fine, restitution or reparation imposed by a local criminal court shall be imposed by a written order of the court containing the amount to be paid by the defendant. The district attorney must file a certified copy of the order with
    (a) the county clerk
    (b) the Finance administrator of NYC
    (c) the superior court
    (d) the appellate division

Answer 43

A

Question 44

44. (420.10) (Incorrect answer) When a court imposes a fine upon an individual, the court may direct that the defendant
    (a) pay the entire amount at the time sentence is pronounced
    (b) pay the entire amount at some later date
    (c) pay a specified portion at designated periodic intervals
    (d) none of the above is correct

Answer 44

D

Question 45

45. (430.10) When the court has imposed a sentence of imprisonment and such sentence is in accordance with law, such sentence may not be changed, suspended or interrupted
    (a) after 1 year has elapsed
    (b) after the sentence is imposed
    (c) after the defendant is received by the Department of Corrections
    (d) once the term or period of the sentence has commenced

Answer 45

D

Question 46

46. (FCA 1046) Evidence at an article 10 fact finding hearing must be: 1. Material 2. Relevant 3. Competent
    A. 1 and 2 and 3
    B. 1 and 3 only
    C. 2 and 3 only D. 1 and 2 only

Answer 46

A

Question 47

47. (FCA 1036) Which following 3 statements relating to service of an FCA 10 summons & petition (abuse) are correct? 1. The summons & petition must be served within 2 court days of issuance. 2. If the summons and petition cannot be served within the specified time, such facts must be reported to the court within three court days of issuance. 3. Service of a summons and petition shall be made by delivery of a true copy to the person summoned at least 24 hours before the time stated for appearance.
    A. 1, 2 and 3 B. 1 and 3 only C. 2 and 3 only D. 1 & 2 only

Answer 47

A

Question 48

48. FCA 1089 Subsequent permanency hearings shall be commenced no later than_____ after the completion of the previous permanency hearing and shall be completed within_____ of commencement.
    (a) 8 months——12 months
    (b) 6 months——-30 days
    (c) 6 months——-6 months (d) 12 months——60 days

Answer 48

B

Question 49

49. (500.10-5) Securing order means an order of a court
    (1) committing a principal to the custody of the sheriff
    (2) fixing bail
    (3) releasing the defendant on his own recognizance
    (4) holding the defendant for the action of the grand jury
    (a) All of the above (b) 2 and 3 only (c) 1, 2 and 3 only (d) 2, 3 and 4 only

Answer 49

C

5. “Securing order” means an order of a court committing a principal to the custody of the sheriff or fixing bail, where authorized, or releasing the principal on the principal’s own recognizance or releasing the principal under non-monetary conditions.

Question 50

50. (500.10-17) A secured bail bond means a bond secured by personal property that has a value equal to or greater than the total amount of the undertaking, or real property having a value of
    (a) 10% of the total amount of the undertaking
    (b) 50% of the total amount of the undertaking
    (c) equal to the total amount of the undertaking
    (d) twice the amount of the undertaking

Answer 50

D

Question 51

51. (FCA 1089)The local social services district must serve the notice of the permanency hearing and the permanency hearing report at least ___ days before the scheduled hearing.
    (a) . 8
    (b) . 12
    (c) . 14
    (d) None of the above

Answer 51

C

(b) Notice of permanency hearings. (1) No later than fourteen days before the date certain for a permanency hearing scheduled pursuant to this section, the local social services district shall serve the notice of the permanency hearing and the permanency hearing report by regular mail upon:
i. the child’s parent
ii. the agency supervising the care of the child
iii. the attorney for the child

Question 52

52. (FCA 1089) Permanency hearing report is submitted by social services district to court prior to permanency hearing. It includes: 1. report on health and well-being of child, 2. efforts made since last hearing to promote permanency of child, 3. recommended permanency plan for the child. 4. social security numbers of foster parents
    (a) A. 1, 2, 3 and 4 (b). 1, 2, and 3 only (c). 2 and 3 only (d). 2, 3 and 4 only

Answer 52

B

Question 53

53. (FCA 304.2) Which is not correct? On application by presentment agency, court may issue a TOP against Respondent:
    (a) . on notice only
    (b) . at any time after a juvenile is taken into custody
    (c) . upon the issuance of an appearance ticket
    (d) . upon filing of a petition

Answer 53

A

304. 2. Temporary order of protection.
        (1) Upon application by the presentment agency, the court may issue a temporary order of protection against a respondent for good cause shown, ex parte or upon notice, at any time after a juvenile is taken into custody, upon the issuance of an appearance ticket, upon the filing of a petition .
        (2) A temporary order of protection may contain any of the provisions authorized on the making of an order of protection under section 352.3.
        (3) A temporary order of protection is not a finding of wrongdoing.
        (4) A temporary order of protection may remain in effect until an order of disposition is entered.

Question 54

54. (FCA 304.2)Upon application by the presentment agency, the court may issue TOP against respondent: 1. ex parte or on notice, or 2. at any time after a juvenile is taken into custody, or 3. upon the issuance of an appearance ticket, or 4. upon filing of a petition.
    A. Only statements 1, 2 & 4 are correct.
    B. Only statements 2, 3 & 4 are correct.
    C. Only statements 1, 2 & 3 are correct.
    D. Statements 1, 2, 3 & 4 are all correct.

Answer 54

D

304. 2. Temporary order of protection.
        (1) Upon application by the presentment agency, the court may issue a temporary order of protection against a respondent for good cause shown, ex parte or upon notice, at any time after a juvenile is taken into custody, upon the issuance of an appearance ticket, upon the filing of a petition .
        (2) A temporary order of protection may contain any of the provisions authorized on the making of an order of protection under section 352.3.
        (3) A temporary order of protection is not a finding of wrongdoing.
        (4) A temporary order of protection may remain in effect until an order of disposition is entered.

Question 55

55. (410.70-1) Court may not revoke an order of probation or conditional discharge unless: 1. court finds that respondent violated condition 2. respondent has had an opportunity to be heard
    (a) . 1 only
    (b) . 2 only
    (c) . both 1& 2
    (d) . neither 1 nor 2

Answer 55

C

Question 56

56. (730.40-1,2) Where a local criminal court determines that a defendant is an incapacitated person upon an accusatory instrument other than a felony complaint and the court issues a final order of observation, such order commits the defendant to the custody of the commissioner for care and treatment in an appropriate institution, for a period not to exceed
    (a) 90 days from the date of the order
    (b) 30 days from the date of the order
    (c) 120 days from the date of the order
    (d) 60 days from the date of the order

Answer 56

A

If it is satisfied that the defendant is an incapacitated person, or if no motion for such a hearing is made, such court must issue a final or temporary order of observation committing him or her to the custody of the commissioner for care and treatment in an appropriate institution for a period not to exceed ninety days from the date of the order, provided, however, that the commissioner may designate an appropriate hospital for placement of a defendant for whom a final order of observation has been issued, where such hospital is licensed by the office of mental health and has agreed to accept, upon referral by the commissioner, defendants subject to final orders of observation issued under this subdivision.

Question 57

57. (730.20-7) According to the Criminal Procedure Law, a psychiatric examiner is a qualified psychiatrist, or a certified psychologist designated by a director to examine a defendant pursuant to an ‘order of examination’. Such examiner is entitled to a fee of $50.00 for each examination and $50.00 for each court visit. Such payments shall not exceed
    (a) $250.00 in any one case (b) There is no limit
    (c) $200.00 in any one case (d) $500.00 in any one case

Answer 57

C

7. A psychiatric examiner is entitled to his reasonable traveling expenses, a fee of fifty dollars for each examination of a defendant and a fee of fifty dollars for each appearance at a court hearing or trial but not exceeding two hundred dollars in fees for examination and testimony in any one case; except that if such psychiatric examiner be an employee of the state of New York he shall be entitled only to reasonable traveling expenses, unless such psychiatric examiner makes the examination or appears at a court hearing or trial outside his hours of state employment in a county in which the director of community mental health services certifies to the fiscal officer thereof that there is a shortage of qualified psychiatrists available to conduct examinations under the criminal procedure law in such county, in which event he shall be entitled to the foregoing fees and reasonable traveling expenses. Such fees and traveling expenses and the costs of sending a defendant to another place of detention or to a hospital for examination, of his maintenance therein and of returning him shall, when approved by the court, be a charge of the county in which the defendant is being tried.

Question 58

58. (730.50-1) When a superior court, following a hearing, finds that a defendant is not an incapacitated person
    (a) the court must issue a release order
    (b) the court must discharge the
    (c) the court must issue an order of conditions
    (d) the action against the defendant must proceed

Answer 58

D

Question 59

59. (730.50-3) When an incapacitated person is in the custody of the commissioner pursuant to an order of commitment or to orders of retention, the aggregate of the periods must not exceed more than ___________ of the authorized maximum term of imprisonment for the highest class felony charged or for the highest class felony of which he was convicted
    (a) one third
    (b) one half
    (c) two thirds
    (d) The defendant may not be released if he remains incapacitated.

Answer 59

C

Question 60

60. (VTL 1193) A person committing the violation of driving while ability impaired shall be a traffic infraction and may be punishable by imprisonment in a penitentiary or county jail for not more than
    (a) 10 days
    (b) 15 days
    (c) 20 days
    (d) 30 days

Answer 60

B

Question 61

61. (VTL 1193) A violation for Driving while ability impaired is a traffic infraction that is punishable by a fine of:
62. not less than three hundred dollars nor more than five hundred dollars
63. not less than five hundred dollars nor more than eight hundred dollars
64. imprisonment in a penitentiary or county jail for not more than fifteen days
65. not less than three five hundred dollars nor more than eight hundred dollars or imprisonment in a penitentiary or county jail for not more than fifteen days
    (a) only 1 is right (b)only 4 is right (c)only 1 and 3 are right (d) only 2 and 4 are right

Answer 61

C

Question 62

62. (722) Best answer: Adolescent offender means:
    (a) a person charged with a felony committed on or after October first, two thousand eighteen when he or she was sixteen years of age or on or after October first, two thousand nine-teen, when he or she was seventeen years of age.
    (b) a person charged with a felony committed on or after October first, two thousand eighteen when he or she was seventeen years of age or on or after October first, two thousand nine-teen, when he or she was eighteen years of age.
    (c) a person charged with a misdemeanor committed on or after October first, two thousand eighteen when he or she was sixteen years of age or on or after October first, two thousand nine-teen, when he or she was seventeen years of age.
    (d) none of the above

Answer 62

A

722. 23 Removal of adolescent offenders to family court.
     1. (a) Following the arraignment of a defendant charged with a crime committed when he or she was sixteen, or commencing October first, two thousand nineteen, seventeen years of age, other than any class A felony except for those defined in article two hundred twenty of the penal law, a violent felony defined in section 70.02 of the penal law or a felony listed in paragraph one or two of subdivision forty-two of section 1.20 of this chapter, or an offense set forth in the vehicle and traffic law, the court shall order the removal of the action to the family court in accordance with the applicable provisions of article seven hundred twenty-five of this title unless, within thirty calendar days of such arraignment, the district attorney makes a motion to prevent removal of the action pursuant to this subdivision. If the defendant fails to report to the probation department as directed, the thirty day time period shall be tolled until such time as he or she reports to the probation department.

Question 63

63. (722.23-1B, C) A timely motion to prevent removal by the prosecutor must be:
    (a) in writing on notice to the defendant
    (b) Contain allegations of sworn fact based upon personal knowledge of the affiant (c) Give defendant a reasonable time to reply
    (d) all of the above.

Answer 63

D

Question 64

64. (UR200-05) Each attorney appearing in a criminal action is required to file a written notice of appearance on or before the attorney’s first appearance in court no later than:
    (a) 2 days after appointment or retainer
    (b) 5 days after appointment or retainer
    (c) 8 days after appointment or retainer
    (d) 10 days after appointment or retainer

Answer 64

D

Question 65

65. (PL 80) A sentence to pay a fine shall be a sentence to pay an amount not exceeding:
    1) $5000 or twice the gain for a felony. 2) $1000 or twice the gain for an A misdemeanor. 3) $500 or twice the gain for a B misdemeanor. 4) $250 or twice the gain for a violation.
    (a) 1,2 & 4. (b) 1 only. (c) all of the above. (d) 1 & 2 only)

Answer 65

C

Question 66

66. (CPL 720.35) All official records and papers relating to a case involving a youth who has been adjudicated a youthful offender, are confidential and may only be made available to:
    1) institution to which such youth has been committed 2) division of parole
    3) probation department 4) district attorney
    a) all of the above. b) 2 and 3 only. c) 1, 2 and 3 only. d) 4 only

Answer 66

C

Except where specifically required or permitted by statute or upon specific authorization of the court, all official records and papers,
whether on file with the court, a police agency or the division of criminal justice services, relating to a case involving a youth who has been adjudicated a youthful offender, are confidential and may not be made available to any person or public or private agency, other than the designated educational official of the public or private elementary or secondary school in which the youth is enrolled as a student provided
that such local educational official shall only have made available a notice of such adjudication and shall not have access to any other official records and papers, such youth or such youth’s designated agent (but only where the official records and papers sought are on file with
a court and request therefor is made to that court or to a clerk thereof), an institution to which such youth has been committed, the department of corrections and community supervision and a probation department of this state that requires such official records and papers for the purpose of carrying out duties specifically authorized by law; provided, however, that information regarding an order of protection or temporary order of protection issued pursuant to section 530.12 of this chapter or a warrant issued in connection therewith may be maintained on
the statewide automated order of protection and warrant registry
established pursuant to section two hundred twenty-one-a of the
executive law during the period that such order of protection or
temporary order of protection is in full force and effect or during
which such warrant may be executed.

Question 67

67. (PL 55) Any offense not defined in the Penal Law is declared by law to be a misdemeanor shall be deemed a:
    (a) B misdemeanor.
    (b) A misdemeanor.
    (c) A-1 misdemeanor
    (d) unclassified misdemeanor

Answer 67

B/D

(b) Any offense defined outside this chapter which is declared by law to be a misdemeanor without specification of the classification thereof or of the sentence therefor shall be deemed a class A misdemeanor.
(c) Except as provided in paragraph (b) of subdivision three, where an offense is defined outside this chapter and a sentence to a term of imprisonment in excess of fifteen days but not in excess of one year is provided in the law or ordinance defining it, such offense shall be deemed an unclassified misdemeanor.

Question 68

68. Any offense not defined in the Penal Law is declared by law to be a felony shall be deemed a:
    (a) B felony.
    (b) Felony
    (c) E felony
    (d) unclassified felony.

Answer 68

C

Question 69

69. (FCA 353.3) Maximum period of placement for JD is: _____ felony and _____ for a misdemeanor
    (a) . 12 months, 15 months
    (b) . 12 months, 12 months
    (c) . 18 months, 12 months
    (d) . 10 months, 6 months

Answer 69

C

Question 70

70. (FCA 302.2) Choose best answer: A proceeding where the alleged charge is____, must be commenced within statute of limitations or respondent’s 20th birthday, whichever occurs earlier.
    A. a misdemeanor
    B. a misdemeanor or felony other than designated felony
    C. a designated felony
    D. felony or designated felony

Answer 70

C

When the alleged act constitutes a designated felony as defined in subdivision eight of section 301.2 of this part or is an act allegedly committed when the respondent was aged sixteen years or older, such proceeding must be commenced within such period of limitation or before the respondent’s twentieth birthday, whichever occurs earlier.

Question 71

71. (FCA 306.1) A JD____ be fingerprinted if he has committed an A or B felony and he is____ or older.
    (a) . shall …. 11
    (b) . may……11
    (c) . shall …. 7
    (d) . may……10

Answer 71

A

Question 72

72. (FCA 353.6) Restitution in a JD proceeding in a maximum amount up to can be ordered by the court.
    (a) . $ 1,000.00
    (b) . $ 3,000.00
    (c) . $10.000.00
    (d) . None of the above.

Answer 72

D

Question 73

73. (FCA 1094) Parent or child's attorney may request a hearing to determine whether a child removed from home should be returned. Such hearing shall be held within\_\_\_\_ of the request and shall not be adjourned.
A. 3 calendar days 
B. 3 court days
C. 24 hours
D. 1 day

Answer 73

B

Question 74

74. (FCA 1089) Court may continue placement until child’s ____ birthday without his consent. Placement cannot continue beyond the child’s ____ birthday.
    (a) 18th —–21st
    (b) 16th——18th

Answer 74

A

Question 75

75. FCA 1091 A motion to return to foster care placement cannot be made by a youth over the age of ____.
    (a) 21 years old
    (b) 18 years old
    (c) 20 years old
    (d) 23 years old if you reside outside of the state

Answer 75

A

Question 76

76. FCA 756-A - Petition to extend PINS placement shall be filed at least ____ days before expiration of placement.
    (a) 30
    (b) 60
    (c) 90
    (d) 45

Answer 76

B

Extension of placement. (a) In any case in which the child has been placed pursuant to paragraph (iii) of paragraph (a) of section seven hundred fifty-six of this part, the child, the person with whom the child has been placed or the commissioner of social services may petition the court to extend such placement, as provided for in this section. Such petition shall be filed at least fifteen days prior to the expiration of the initial placement and at least thirty days prior to the expiration of the period of any additional placement authorized pursuant to this section, except for good cause shown, but in no event
shall such petition be filed after the original expiration date.

Question 77

77. (FCA 712) The age requirement for a PINS is:
    (a) . under the age of 18
    (b) . under the age of 16
    (c) . male under 16, female under 16
    (d) . male under 16, female under 18

Answer 77

A

Question 78

78. FCA 812 T/F? To be considered members of the same family or household, persons who have a child in common must have lived together at some time.

Answer 78

F

Question 79

79. FCA 821 T/F? When the FC is not in session, an arrest or initial appearance of a respondent may be in a CC.

Answer 79

T

Question 80

80. FCA 841 Restitution in a family offense proceeding can be up to_________
    (a) $ 15,000
    (b) $ 10,000
    (c) $ 1,000
    (d) $ 1,500

Answer 80

B

Question 81

81. (FCA 818) Which of the following statements is correct? The venue of a family offense proceeding is county: 1. where acts occurred 2. where any member of the household resides 3. where there is a shelter for homeless used by a member of the household.
    (a) . 1, 2 & 3 correct. (b). 2 correct.
    (c) . 1 & 2 correct. (d). 1 correct.

Answer 81

A

Question 82

82. (FCA 821) A family offense petition must contain: 1. an allegation that respondent committed one of the family offense offenses (FCA 812) 2. relationship of alleged offender to petitioner 3. name of each child in household and relationship to petitioner and respondent. 4. copy of notice (FCA 812: rights of domestic violence victim)
    (a) . 1, 2, 3 & 4 (b). 1 & 2
    (c) . 1, 2 & 3 (d). 1 & 4

Answer 82

A

821. Originating proceedings. 1. A proceeding under this article is originated by the filing of a petition containing the following:

(a) An allegation that the respondent committed one of the family offenses;
(b) The relationship of the alleged offender to the petitioner;
(c) The name of each and every child in the family or household and the relationship of the child, if any, to the petitioner and to the
respondent;
(d) A request for an order of protection or the use of the court’s conciliation procedures; and
(e) An allegation as to whether any accusatory instrument alleging an act specified in paragraph (a) of this subdivision has been verified with respect to the same act alleged in the petition.

• Appended to the copy of the petition provided to the petitioner shall be a copy of the notice described in subdivision five of section 812 of this article.

Question 83

83. CPLR 5001 - T/F Amount of interest awarded on a verdict, report, or decision shall be computed by the clerk of the court

Answer 83

T

Question 84

84. CPLR 5001 The 3 general time periods for the calculation of interest on a judgment are:
    A-date of occurrence to date of decision/ verdict
    B-date of decision/verdict to date of entry of judgment
    C- date of entry of judgment to date of payment
    D- all of the above

Answer 84

D

Question 85

85. CPLR 5015 Request for relief from a judgment based on excusable default must be made within \_\_\_\_ after service of a copy of order or judgment with written notice of entry 
A-1 year 
B- 5 year 
C-20 years 
D-10 years

Answer 85

A

Rule 5015. Relief from judgment or order. (a) On motion. The court which rendered a judgment or order may relieve a party from it upon such terms as may be just, on motion of any interested person with such notice as the court may direct, upon the ground of:
1. excusable default, if such motion is made within one year after service of a copy of the judgment or order with written notice of its
entry upon the moving party, or, if the moving party has entered the judgment or order, within one year after such entry; or

Question 86

86. CPLR 5016- fill in the blank: Upon a special verdict the _____ shall direct the entry of a judgment.

Answer 86

Judge/Court

(b) Judgment upon verdict. Judgment upon the general verdict of a jury after a trial by jury as of right shall be entered by the clerk unless the court otherwise directs; if there is a special verdict, the court shall direct entry of an appropriate judgment.

Question 87

87. CPLR 5001 Interest is recoverable from:
    A. date cause of action arose to date of verdict, report or decision.
    B. date of verdict, report, or decision to date of entry of judgment
    C. from date of entry of judgment to date of payment.
    D. all of the above.

Answer 87

D

Question 88

88. CPLR ART 50 The current rate of interest on a judgment is:
    A. 9 percent per year, compounded daily.
    B. 6 percent per year, compounded annually.
    C. 6 percent per year, on original judgment amount.
    D. 9 percent per year, on original amount.

Answer 88

D

Question 89

89. CPLR ART 50 A motion for relief from judgment or order based on excusable default must be made within \_\_\_\_\_ of service of copy of judgment or order 
A. 30 days 
B. 90 days 
C. 1 year 
D. 5 years

Answer 89

C

Rule 5015. Relief from judgment or order. (a) On motion. The court which rendered a judgment or order may relieve a party from it upon such terms as may be just, on motion of any interested person with such notice as the court may direct, upon the ground of:
1. excusable default, if such motion is made within one year after service of a copy of the judgment or order with written notice of its
entry upon the moving party, or, if the moving party has entered the judgment or order, within one year after such entry; or

Question 90

90. CPLR 5205 Wedding ring is exempt from application to satisfaction of judgment is it doesn’t exceed $ A-$1,000 B-$1500.00 C-$10,000 D- none of the above

Answer 90

D-

6. a wedding ring; a watch, jewelry and art not exceeding one thousand dollars in value; (because of the ; next to wedding ring, it is exempt completely)

Question 91

91. CPLR 5205 (T/F) Seat or pew in place of worship is exempt from application to satisfaction of a judgment.

Answer 91

T

Question 92

92. CPLR 5207 (T/F) The procedures in CPLR art 52 relating to enforcement of money judgments are applicable to judgments against NYS.

Answer 92

F

Question 93

93. CPLR 5228 A receiver shall be entitled to necessary expenses and to a commission not exceeding _____ percent of the sums received and disbursed by him.
    A- 10%
    B- 15%
    C- 5%
    D- all of the above, depending on the sums received and disbursed by him.

Answer 93

C

A receiver shall be entitled to necessary expenses and to such commissions, not exceeding five percent of the sums received and disbursed by him, as the court which appointed him allows, but if a judgment creditor is appointed receiver, he shall not be entitled to compensation. If a receiver has been appointed, a court making an order directing payment, or delivery, of property shall direct that payment, or delivery, be made to the receiver rather than to a sheriff.

Question 94

94. CPLR 5511- T/F: The party who appeals is known as the appellant.

Answer 94

T

Question 95

95. CPLR 5513 A notice of appeal must be served and filed within \_\_\_\_\_ days after service upon appellant of a copy or order and written notice of its entry. 
A-20 
B-30 
C-10 
D-15

Answer 95

B

Time to take appeal, cross-appeal or move for permission to appeal. (a) Time to take appeal as of right. An appeal as of right must be taken within thirty days after service by a party upon the appellant of a copy of the judgment or order appealed from and written notice of its entry, except that when the appellant has served a copy of the judgment or order and written notice of its entry, the appeal must be taken within thirty days thereof.

Question 96

96. CPLR 5515 An appeal shall be taken by serving on the adverse party a notice of appeal AND filing it in the office where judgment or order is entered. A notice of appeal shall designate: 1. the name of party taking the appeal, and 2. the judgment or order (or specific part of judgment or order being appealed), and 3. the court to which the appeal is taken. 
A. 1 and 2 
B. 1, 2, 3 
C. 2 only 
D. 2 and 3 only

Answer 96

B

Question 97

97. CPLR 7001- (T/F) A habeas corpus proceeding is not a special proceeding.

Answer 97

F

Application of article; special proceeding. Except as otherwise prescribed by statute, the provisions of this article are applicable to common law or statutory writs of habeas corpus and common law writs of certiorari to inquire into detention. A proceeding under this article is a special proceeding.

Question 98

98. CPLR 7002 (T/F) Petition for writ of habeas corpus may be made to any supreme court justice.

Answer 98

T

(b) To whom made. Except as provided in paragraph five of this subdivision, a petition for the writ shall be made to:
1. the supreme court in the judicial district in which the person is detained; or
2. the appellate division in the department in which the person is detained; or
3. any justice of the supreme court; or
4. a county judge being or residing within the county in which the person is detained; where there is no judge within the county capable of issuing the writ, or if all within the county capable of doing so have refused, the petition may be made to a county judge being or residing within an adjoining county.
5. in a city having a population of one million or more inhabitants, a person held as a trial incarcerated individual in a city detention institution shall petition for a writ to the supreme court in the county in which the charge for which the incarcerated individual is being detained is pending. Such incarcerated individual may also petition for a writ to the appellate division in the department in which he is detained or to any justice of the supreme court provided that the writ shall be made returnable before a justice of the supreme court held in the county in which the charge for which the incarcerated individual is being detained is pending.

Question 99

99. CPLR 7009 Where detention is by virtue of a mandate, court shall not adjudicate the issues in proceeding until written notice of hearing has been served personally \_\_\_\_\_ days prior to hearing, or as court may order.
A-8 
B-3
C-12
D-none of the above

Answer 99

A

7009. Hearing. (a) Notice before hearing. Where the detention is by
      virtue of a mandate, the court shall not adjudicate the issues in the
      proceeding until written notice of the time and place of the hearing has
      been served either personally eight days prior to the hearing, or in any
      other manner or time as the court may order