Practice Test (CPLR, CPL, FCA) Flashcards
Which of the following 3 statements are correct?
- Maximum sentence for a violation is 15 days.
- “Crime” means misdemeanor, felony, and petty offense.
- 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.
D. Statements 1 and 3 only are correct.
Which of the following 3 statements are correct?
- Misdemeanors are classified into 3 categories.
- Felonies are classified into 5 categories.
- 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. All 3 statements are correct.
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
C. Class E felony
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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
B. $5,000
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
C. Up to $10,000
Which of the following are local criminal courts?
- Justice courts and district courts
- County courts and supreme courts
- Village court and town courts
- Appellate division and court of appeals
A. 2 and 4 only
B. 4 only
C. 1 and 2 only
D. 1 and 3 only
D. 1 and 3 only
A criminal judgment is made up of conviction plus \_\_\_\_\_\_. A. Release of bail B. Sentence C. Filing with DCJS D. Imposition of statutory fines
B. Sentence
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. Local criminal courts have trial jurisdiction over all offenses.
Which of the following periods for the commencement of a criminal action are correct?
- All felonies must be commenced within 5 years.
- All misdemeanors must be commenced within 1 year.
- 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
D. neither 1 nor 2 nor 3
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)
C. fifteen days after filing of accusatory instrument charging a violation.
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
C. Felony complaint and indictment
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
C. Desk appearance ticket
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:
- an arrest made without a warrant
- issuance and service upon him of an appearance ticket
- summons
A. 1 only
B. 2 only
C. 1 and 2 only
D. 1 and 3 only
C. 1 and 2 only
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
D. anywhere in the state.
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
C. any misdemeanor defined outside Penal Law
In a local criminal court, if the court does not make a final disposition at arraignment, it must issue a securing order which:
- releases defendant on his own recognizance
- fixes bail for his future appearance
A. 2 only
B. 1 only
C. 1 or 2
D. neither 1 nor 2
C. 1 or 2
(Felony hearing - CPL 180.60) Which of the following statements is not correct?
- Defendant may as a matter of right testify in his own behalf
- Upon request of defendant court may allow him to call and examine other witnesses, or produce evidence
- Only hearsay evidence is admissible
- 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
C. 3 is not correct
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. Article 725 of the CPL
Which of the following 5 choices is/are not correct? A grand jury may:
- indict a person (CPL 190.65)
- direct D.A. to file a prosecutor’s information in local criminal court (CPL 190.70)
- direct D.A. to file a removal to FC (CPL 190.71)
- 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.
C. Statements 4 only is not correct
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
B. must contain the endorsement of the attorney for the defendant
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
C. 10
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. may be in writing