Practice Test (CPLR, CPL, FCA) Flashcards

1
Q

Which of the following 3 statements are correct?

  1. Maximum sentence for a violation is 15 days.
  2. “Crime” means misdemeanor, felony, and petty offense.
  3. A car may be a dangerous instrument, as defined in PL 10.00.

A. Statement 1 only is correct.
B. Statements 1 and 2 only are correct.
C. Statements 1, 2 and 3 are all correct.
D. Statements 1 and 3 only are correct.

A

D. Statements 1 and 3 only are correct.

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2
Q

Which of the following 3 statements are correct?

  1. Misdemeanors are classified into 3 categories.
  2. Felonies are classified into 5 categories.
  3. Class “A” felonies are sub-classified into 2 categories.

A. All 3 statements are correct
B. Only statements 1 and 3 are correct
C. Only statements 1 and 2 are correct
D. Only statements 2 and 3 are correct

A

A. All 3 statements are correct.

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3
Q
Any offense defined outside of the Penal Law which is declared to be felony without specification of the classification, or provides a sentence in excess of one year shall be deemed a \_\_\_\_\_\_\_.
A. Class D felony
B. Class C felony 
C. Class E felony
D. Class B felony
A

C. Class E felony

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4
Q

~~~
Fine for a felony (not controlled substance) is higher of $_____, or double the amount of defendant’s gain.
A. $1,000
B. $5,000
C. $10,000
D. $25,000

A

B. $5,000

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5
Q
Fine for a felony for a corporation is up to:
A. Up to $1,000
B. Up to $5,000
C. Up to $10,000
D. Up to $25,000
A

C. Up to $10,000

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6
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 and 4 only
B. 4 only
C. 1 and 2 only
D. 1 and 3 only

A

D. 1 and 3 only

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7
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

B. Sentence

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8
Q

Which is not correct?
A. Local criminal courts have trial jurisdiction over 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 (when included in an indictment).

A

A. Local criminal courts have trial jurisdiction over all offenses.

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9
Q

Which of the following periods for the commencement of a criminal action are correct?

  1. All felonies must be commenced within 5 years.
  2. All misdemeanors must be commenced within 1 year.
  3. All petty offenses must be commenced within 6 months.

A. 1 only
B. 2 and 3 only
C. 1 and 2 only
D. neither 1 nor 2 nor 3

A

D. neither 1 nor 2 nor 3

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10
Q

Which of the following statements is false?
A motion to dismiss based on speedy trial provision must be granted where the people are not ready for trial within:
A. Six months after filing of accusatory instrument for a felony
B. Ninety days after filing of accusatory instrument (misdemeanor over 3 months).
C. Fifteen days after filing of accusatory instrument charging a violation
D. Sixty days after the filing of accusatory instrument (misdemeanor less than 3 months)

A

C. fifteen days after filing of accusatory instrument charging a violation.

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11
Q

Which of the following four choices contains at least one accusatory instrument that is not used in local criminal courts?
A. Simplified information
B. Misdemeanor complaint and information
C. Felony complaint and indictment
D. Prosecutors information

A

C. Felony complaint and indictment

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12
Q
Choose the best answer. Which of the following is false? A court may compel a defendant to appear for arraignment upon an accusatory instrument that has been filed by which of the following methods?
A. Warrant of arrest
B. Summons
C. Desk appearance ticket
D. Warrant of arrest or summons
A

C. Desk appearance ticket

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13
Q

Prior to the commencement of a criminal action a person may be compelled to appear in a local criminal court for arraignment upon an accusatory instrument to be filed at or before his appearance by:

  1. an arrest made without a warrant
  2. issuance and service upon him of an appearance ticket
  3. summons

A. 1 only
B. 2 only
C. 1 and 2 only
D. 1 and 3 only

A

C. 1 and 2 only

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14
Q

Choose the best answer: A warrant of arrest issued by a district court, New York City criminal court or a superior court judge sitting as a local criminal court can be executed _____.
A. only in county of issuance
B. only in county of issuance or adjoining county
C. only in judicial department where issued
D. anywhere in the state

A

D. anywhere in the state.

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15
Q

Which of the following statements is false? Following an arrest, or following arraignment upon a local criminal court accusatory instrument, a defendant must be fingerprinted where accusatory instrument charges:
A. felony
B. any misdemeanor defined in the Penal Law
C. any misdemeanor defined outside Penal Law
D. loitering for purposes of engaging in a prostitution offense

A

C. any misdemeanor defined outside Penal Law

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16
Q

In a local criminal court, if the court does not make a final disposition at arraignment, it must issue a securing order which:

  1. releases defendant on his own recognizance
  2. fixes bail for his future appearance

A. 2 only
B. 1 only
C. 1 or 2
D. neither 1 nor 2

A

C. 1 or 2

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17
Q

(Felony hearing - CPL 180.60) Which of the following statements is not correct?

  1. Defendant may as a matter of right testify in his own behalf
  2. Upon request of defendant court may allow him to call and examine other witnesses, or produce evidence
  3. Only hearsay evidence is admissible
  4. Determination is based on reasonable cause to believe that the defendant committed a felony

A. 1 is not correct
B. 2 is not correct
C. 3 is not correct
D. 4 is not correct

A

C. 3 is not correct

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18
Q
If the criminal court believes that a juvenile is not criminally responsible for an offense because of his age, but qualifies as a juvenile delinquent, the court must order that the action be removed to the family court pursuant to: \_\_\_\_\_\_.
A. Article 725 of the CPL
B. Article 730 of the CPL
C. Article 4 of the FCA
D. Article 3 of the CPLR
A

A. Article 725 of the CPL

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19
Q

Which of the following 5 choices is/are not correct? A grand jury may:

  1. indict a person (CPL 190.65)
  2. direct D.A. to file a prosecutor’s information in local criminal court (CPL 190.70)
  3. direct D.A. to file a removal to FC (CPL 190.71)
  4. vacate a judgement of a local criminal court (CPL 190.75)

A. Statements 2 and 3 only are not correct
B. Statement 5 only is not correct
C. Statement 4 only is not correct
D. Statements 1 and 5 only are not correct.

A

C. Statements 4 only is not correct

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20
Q

Which of the following is false? A waiver of indictment:
A. must contain name of the court in which it is executed
B. must contain the endorsement of the attorney for the defendant
C. must list the offenses to be charged in the superior court information
D. must list approximate time and place of offenses to be charged in the superior court information

A

B. must contain the endorsement of the attorney for the defendant

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21
Q
When an indictment is waived in a local criminal court, the D.A. must file a superior court information in the superior court within \_\_\_ days of execution of the court order approving the wavier of indictment. 
A. 1
B. 5
C. 10
D. 14
A

C. 10

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22
Q

Which of the following is not correct? A waiver indictment:
A. may be in writing
B. must contain waiver of indictment
C. must contain consent to be prosecuted by D. superior court information
cannot be executed without the consent of D.A.

A

A. may be in writing

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23
Q

Which of the following statements are false? An indictment must contain:

  1. the name of the criminal court where felony complaint was filed
  2. the title of the action
  3. the signature of the DA
  4. signature of foreman of the grand jury

A. 1 only
B. 1 and 3 only
C. 1 and 4 only
D. 4 only

A

D. 4 only

24
Q

Where an action was commenced in a local criminal court, court must give at least ____ days’ notice of time and place of arraignment on an indictment to attorney for defendant, defendant at liberty, any surety, or other who posted cash bail.

A

A. 2

25
Q

Upon successful completion of a diversion program, court may:

  1. order interim probation supervision and upon completion permit the defendant to withdraw guilty plea and dismiss the indictment
  2. order interim probation supervision and upon completion permit defendant to withdraw guilty plea and enter a guilty plea to a misdemeanor and sentence the defendant
  3. allow defendant to withdraw the guilty plea and dismiss the indictment

A. Only 1 and 2 are true
B. Only 1 and 3 are true
C. Only 2 and 3 are true
D. All 3 are true

A

D. All 3 are true

26
Q

Generally, the entry and acceptance of a plea of guilty to part of an indictment constitutes a disposition of:
A. that part of the indictment only, in all cases
B. that part of the indictment only if the people consent
C. the entire indictment
D. none of the above

A

C. the entire indictment

27
Q
If an indictment charges a class B felony (PL 220), the allowable plea is:
A. a class C felony
B. a class D felony 
C. a class E felony 
D. none of the above
A

B. a class D felony

28
Q
Which of the following statements is correct? In a trial of an indictment, a defendant may:
A. waive a jury trial except for class A and B felonies 
B. waive a jury trial in all cases
C. waive a jury trial except where charge is murder in the first degree 
D. waive a jury trial except where the charge is A, B, or C felony
D. waive a jury trial except where the charge is A, B or C felony
A

C. waive a jury trial except where the charge is murder in the first

29
Q

Which of the following is false? In a trial of an indictment, each side has the following peremptory challenges:
A. Class A felony: 20 for regular jurors; 2 for each alternate.
B. B or C felony: 10 for regular jurors; 2 for each alternate.
C. Other than A, B and C felony: 10 for regular jurors; 2 for each alternate.
D. D felony: 10 for regular jurors; 2 for each alternate.

A

B. B or C felony: 10 for regular jurors; 2 for each alternate.

30
Q

Which of the following relating to a jury viewing of premises is not correct?
A. Jury must be kept together throughout.
B. Jury must be under the supervision of appropriate public servants appointed by the court.
C. Prosecutor, defendant, and counsel may as a matter of right be present.
D. Court may be present throughout.

A

D. Court may be present throughout.

31
Q

Upon a new trial from an order declaring a mistrial, the indictment is deemed to contain:
A. All the counts it contained at the time previous trial was commenced.
B. All the counts not dismissed during trial ended by order of mistrial.
C. All counts listed in judge’s order of mistrial.
D. All the counts originally contained in felony complaint used for indictment.

A

A. All counts it contained at the time previous trial was commenced.

32
Q

Upon retiring to deliberate, jurors may take with them exhibits received in evidence at the trial which:
A. The court, after hearing both attorneys, permits the jurors to take.
B. were also marked for identification.
C. The defendant and the people do not object to.
D. A majority of the jurors demand to take into the jury room.

A

A. The court, after hearing both attorneys, permits the jurors to take.

33
Q

In a non-jury trial of an indictment:
a. Court must permit opening addresses by parties.
b. Court must permit summations by parties.
A. Only a is correct.
B. Only b is correct.
C. Both a and b are correct.
D. Both a and b are incorrect.

A

C. Both a and b are correct.

34
Q

Which of the following statements relating to non-jury trials in a local criminal court is false?
A. The judge determines all questions of law.
B. The judge is the exclusive trier of all issues of fact.
C. The court may render a verdict.
D.The court may permit opening addresses and may permit closing statements.

A

C. The court may render a verdict.

35
Q

The authority for the execution of a sentence is:
A. Certificate of disposition of judgment.
B. Transcript of judgment.
C. Certificate of conviction.
D. Transcript of disposition of judgment.

A

C. Certificate of conviction.

36
Q

Which of the following choices is not correct? A fingerprint report from DCJS or a police department report (prior arrest record) is required for sentencing where the defendant is convicted of any of the following:
A. Any felony.
B. Misdemeanor defined in the penal law.
C. Misdemeanor defined outside penal law
D. Loitering, or loitering for purposes of engaging in a prostitution offense

A

C. Misdemeanor defined outside penal law

37
Q

Choose the best answer: The court may not revoke a sentence of probation of conditional discharge unless:
A. Court found defendant has not violated a condition.
B. Defendant has had an opportunity to be heard
C. Neither A nor B
D. both A and B

A

D. Both A and B

38
Q

Which of the following is not correct? Maximum imprisonment for non-payment of a court imposed fine is:
A. felony - 1 year
B. petty offense - 15 days
C. misdemeanor - 1/3 maximum authorized sentence
D. violation - 30 days

A

D. violation - 30 days

39
Q

Which of the following is the best choice? A secured bail bond is secured by:
A. personal property (valued at least 1 times the undertaking).
B. real property (valued at least 3 times the undertaking).
C. both A and B
D. neither A nor B

A

A. personal property (valued at least 1 times the undertaking).

40
Q

Generally, every youth is an eligible youth to be found a youthful offender unless:
1. the conviction to be replaced is for class A-1 or A-2 felony, or armed felony, rape in first degree, criminal sexual act in first degree, or aggravated sexual abuse, or
2. such youth was previously convicted and sentenced for a felony, or
3. such youth has previously been adjudicated a youthful offender following conviction for a felony, or has been adjudicated a youthful delinquent who committed a designated felony act, as defined in FC act.
A. Only 1 is correct
B. Only 2 is correct
C. Only 2 and 3 are correct
D. All 3 are correct

A

D. All 3 are correct

41
Q
A(n)\_\_\_\_\_\_\_\_\_\_\_ is a person who as a result of mental disease or defect lacks the capacity to understand the proceedings against him or to assist in his own defense.
A. Incarcerated person
B. Contingently liable
C. Contemplative person
D. Incapacitated person
A

D. Incapacitated person

42
Q
Each attorney in a criminal action must file a notice of appearance on or before the attorney’s first appearance in the action or not later than \_\_\_\_\_ days after appointment as attorney in the action, whichever is sooner.
A. 5
B. 10
C. 20
D. 30
A

B. 10

43
Q
Which of the following choices are correct? The provision of this section, VTL 1192, shall apply to:
1. public highways
2. private roads open to motor vehicle traffic 
3. parking lots
4. driveway in a two family house 
A. 1, 2, 3 and 4
B. 1 and 2 only
C. 1, 2 and 3 only
D. 1 only
A

C. 1, 2 and 3 only

44
Q

Which of the following may suspend or revoke and suspend a drivers license?
(If lists in 1, 2, and 3 contains any incorrect information, consider that entire list to be incorrect.)
1. any magistrate, justice or judge, in a city, in a town, or in a village,
2. any Supreme Court justice, any county judge, any judge of a district court,
3. the superintendent of state police, a police captain and the commissioner of motor vehicles or any person deputized by him.
A. All (1, 2, and 3)
B. 1 and 2 only
C. 2 and 3 only
D. 1 and 3 only

A

B. 1 and 2 only

45
Q

If a court has obtained jurisdiction over parties, a civil proceeding shall not be dismissed solely because it is not bought in proper form. Court shall:
A. adjourn the proceeding for re-service of the complaint.
B. dismiss the proceeding only if the calendar is congested.
C. relinquish its jurisdiction over the parties
D.make whatever order is required for its proper execution

A

D. make whatever order is required for its proper execution

46
Q
In a special proceeding the parties are termed:
A. plaintiff and respondent 
B. petitioner and defendant 
C. plaintiff and defendant 
D. petitioner and respondent
A

D. petitioner and respondent

47
Q
In an action the parties are termed:
A. plaintiff and respondent
B. petitioner and defendant 
C. plaintiff and defendant
D. petitioner and respondent
A

C. plaintiff and defendant

48
Q

Which of the following 2 statements are correct?
1. No court shall extend the time limited by law for the commencement of an action.
2. The parties may agree to a shorter time that listed in CPLR ARTICLE 2.
A. Both statements are not correct
B. Only statement 1 is correct
C. Only statement 2 is correct
D. Both statements are correct

A

D. Both statements are correct

49
Q

Which of the following S/L is not 10 years?
A. action to recover real property or its possessions
B. action to recover letters patent after patent is declared void
C. action to recover real property after grant is declared void
D. action for which no specific statute of limitations is prescribed

A

D. action for which no specific statute of limitations is prescribed

50
Q
If a person leaves the state after a cause of action has accrued against him, the statute of limitations TOLLS (stop running) after he has been outside the state for \_\_\_.
A. 1 year 
B. 6 months
C. 4 months
D. 1 months
A

C. 4 months

51
Q

A special proceeding is commenced by:
A. filing of summons and complaint or summons with notice
B. service of summons and complaint or summons with notice
C. filing of petition
D. service of petition and notice of petition

A

C. filing of petition

52
Q

Which of the following statements is not correct? Personal service upon natural person may be made:
A. by personal delivery of the summons to person within NYS
B. by delivery of summons in NYS to person of suitable age and discretion, at person’s place of business, dwelling, abode, and either mailing summons to person’s last known residence or actual place of business (first class mail) with notation “personal and confidential” on envelope.
C. delivery and mailing must be made within 20 days of each other
D. filing with clerk must be done within 20 days of delivery or mailing (whichever is done last).
E. service is complete 20 days after filing proof of service

A

E. service is complete 20 days after filing proof of service

53
Q
A person to whom summons was not personally delivered and who does not appear may be allowed to defend the action within \_\_\_\_\_ year(s) after he obtains knowledge of the entry of judgment. However the preceding period cannot extend more than \_\_\_\_\_ years after entry of judgment.
A. one…..five
B. four…..seven
C. five…..seven
D. seven…..twenty
A

A. one…five

54
Q

Which one of the following is false?
A. A petition and notice of petition must be served at least 8 days before hearing time. Answer must be served at least 2 days before hearing time. Reply, if any, must be served at or before hearing.
B. IF notice of petition is served at least 12 days before hearing time, answer must be served at 7 days before hearing, if petition so demands. A reply, if any, must be served at least 1 day before hearing.
C. Motions in a special proceeding which are made before the time at which the petition is noticed to be heard, shall be noticed to be heard at the same time that the petition is noticed to be heard.
D. Trials in special proceedings, if triable issues of fact are raised, shall be tried within 20 days.

A

D. Trials in special proceedings, if triable issues of fact are raised, shall be tried within 20 days

55
Q

Which of the following is not correct?
A. Generally venue is based on residence
B. A party resident in 2 counties is deemed a resident of each county
C. A corporation is deemed resident of county where it’s principal office is located
D. Prior to an action the parties may not agree in writing to fix place of trial

A

D. Prior to an action the parties may not agree in writing to fix place of trial

56
Q

Generally the place of trial of an action is the county designated by:
A. The court or referee
B. The plaintiff
C. The defendant
D. The defendant or attorney for defendant

A

B. The plaintiff