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All CPL 2024 > Premade CPL 1-100 > Flashcards

Premade CPL 1-100 Flashcards

1
Q

The CPL applies exclusively to all ____ and _____ that occurred upon or after its effective date, as well as the appeals and post judgment proceedings that may follow

A

criminal actions and proceedings

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2
Q

The CPL applies to criminal actions and proceedings that have occurred prior to the effective date but were still pending beyond the effective date including their appeals and post judgment proceedings. T/F?

A

TRUE

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3
Q

What are the seven accusatory instruments?

A
  1. Indictment2. Superior Court Information (SCI)3. Information4. Simplified information5. Prosecutor’s Information6. Misdemeanor Complaint7. Felony Complaint
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4
Q

Which accusatory instruments are filed in the Superior Court?

A
  1. Indictment|
  2. Superior Court Information (SCI)
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5
Q

Which accusatory instruments are filed in the Local Criminal Courts?

A
  1. Information2. Simplified Information3. Prosecutor’s Information4. Misdemeanor Complaint5. Felony Complaint
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6
Q

NAME THAT ACCUSATORY INSTRUMENT: A written accusation by a GRAND JURY, filed with a SUPERIOR COURT which charges one or more defendants, with the commission of one or more offenses, at least one of which is a CRIME and serves as a BASIS FOR PROSECUTION

A

Indictment

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7
Q

NAME THAT ACCUSATORY INSTRUMENT:A written accusation by a DISTRICT ATTORNEY, filed with a SUPERIOR COURT which charges one or more defendants, with the commission of one or more offenses, at least one of which is a CRIME and serves as a BASIS FOR PROSECUTION

A

Superior Court information

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8
Q

NAME THAT ACCUSATORY INSTRUMENT:A verified written accusation by a PERSON, filed with a LOCAL CRIMINAL COURT, which charges one or more defendants, with the commission of one or more offenses, NONE OF WHICH IS A FELONY, and which may serve to both COMMENCE a criminal action and as a BASIS FOR PROSECUTION

A

Information

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9
Q

NAME THAT ACCUSATORY INSTRUMENT:This is a general name, which encompasses a SIMPLIFIED TRAFFIC INFORMATION, SIMPLIFIED PARKS INFORMATION AND SIMPLIFIED ENVIRONMENTAL CONSERVATION INFORMATION, prescribed by the commissioners of motor vehicles, parks, and environmental conservation respectively. They are all in brief and simplified form, cannot charge a FELONY and may serve to both COMMENCE a criminal action and as a BASIS FOR PROSECUTION

A

Simplified information

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10
Q

NAME THAT ACCUSATORY INSTRUMENT:A written accusation by a DISTRICT ATTORNEY, filed with a LOCAL CRIMINAL COURT, which charges one or more defendants, with the commission of one or more offenses, NONE OF WHICH IS A FELONY, and which serves as a BASIS FOR PROSECUTION, Take note: As seen in CPL 100.10, it can commence a criminal action, but only upon the direction of the grand jury that it be filed in a case not previously commenced in a local criminal court

A

Prosecutor’s information

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11
Q

NAME THAT ACCUSATORY INSTRUMENT:A verified written accusation by a PERSON, filed with a LOCAL CRIMINAL COURT, which charges one or more defendants, with the commission of one or more offenses, at least one of which is a MISDEMEANOR and NONE OF WHICH IS A FELONY, and which may COMMENCE a criminal action only, but which may not, except with THE DEFENDANT’S CONSENT serve as a BASIS FOR PROSECUTION

A

Misdemeanor complaint

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12
Q

NAME THAT ACCUSATORY INSTRUMENT:A verified written accusation by a PERSON, filed with a LOCAL CRIMINAL COURT, which charges one or more defendants, with the commission of one or more FELONIES, which serves to COMMENCE a criminal action but is not a basis for PROSECUTION

A

Felony Complaint

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13
Q

Name the three types of informations that encompass simplified informations:

A

TRAFFIC INFORMATION,

PARKS INFORMATION

ENVIRONMENTAL CONSERVATION INFORMATION

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14
Q

Which accusatory instrument(s) can never serve as a basis for prosecution?

A

Felony Complaint

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15
Q

Which accusatory instrument can serve as basis for prosecution ONLY with the defendant’s consent?

A

Misdemeanor complaint

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16
Q

All accusatory instruments regardless of the person deemed the accuser MUST be entitled:

A. The People of (the county where offense occurred) against (the person named as the defendant)
B. The People of these United States against (the person named as the defendant)
C. The People of the State of New York against (the person named as the defendant)
D. The (Name of the Court) against the (the person named as the defendant)

A

C. The People of the State of New York against (the person named as the defendant)

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17
Q

Definition:When the defendant appears in court after the filing of an accusatory instrument to have the court acquire and exercise control over the person.

A

ARRAIGNMENT

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18
Q

Definition:| This commences with the selection of the jury and continues to verdict.

A

JURY TRIAL

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19
Q

Definition:This commences with the first opening address if there is one, or when the first witness is sworn and continues to verdict

A

A NON-JURY TRIAL

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20
Q

Definition:| The entry of a plea of guilty or verdict of guilty

A

CONVICTION

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21
Q

Definition:| The imposition and entry of sentence upon conviction

A

SENTENCE

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22
Q

Definition:| The combination of both the CONVICTION and SENTENCE

A

JUDGEMENT

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23
Q

Define:| COMMENCEMENT OF A CRIMINAL ACTION

A

A criminal action commences with the filing of an accusatory instrument

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24
Q

How is a criminal action commenced?
A. With an arrest
B. With an arraignment
C. With the opening address
D. With the filing of an accusatory instrument

A

D. With the filing of an accusatory instrument

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25
Q

Definition:| When a court has the authority to accept a plea or try a matter and ultimately dispose of the accusatory instrument

A

TRIAL JURISDICTION

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26
Q

Definition:When a court has the authority to commence a criminal action and conduct proceedings that will lead to prosecution and disposition of an action in a court that has trial jurisdiction

A

PRELIMINARY JURISDICTION

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27
Q

Definition:A written notice issued by a public servant directing a person to appear in a local criminal court for an accusatory instrument to be filed against them

A

APPEARANCE TICKET

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28
Q

Definition:This is issued by a local criminal court or superior court directing a person to appear to be arraigned upon an accusatory instrument already filed against them

A

SUMMONS

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29
Q

Definition:This is a directive from a local criminal court to a police officer, to scoop someone up and bring his butt to court, to be arraigned upon an accusatory instrument already filed against him

A

WARRANT OF ARREST

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30
Q

Definition:This is a directive from a superior court to a police officer, to scoop someone up and bring his butt to court, to be arraigned upon an indictment

A

SUPERIOR COURT WARRANT OF ARREST

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31
Q

Definition:The process of any criminal court directing a police officer or UNIFORMED COURT OFFICER to bring a defendant to court who has ALREADY BEEN ARRAIGNED, for the purpose of achieving their court appearance to be able continue on with a case that has already been commenced

A

BENCH WARRANT

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32
Q

Definition:When it is impossible to commit a crime without simultaneously committing another crime of lesser grade. Example: When you sell crack on the corner to your customers, it is impossible to not also be committing the crime of “possession of a controlled substance” in addition to the “sale of a controlled substance”

A

LESSER INCLUDED OFFENSE

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33
Q

Definition:| A violation or traffic infraction

A

PETTY OFFENSE

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34
Q

Definition:| Includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated

A

OATH

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35
Q

What crime(s) must a thirteen year old commit or such conduct as a sexually motivated felony to be considered a Juvenile Offender?
1. Murder 1st
2. Murder 2nd
3. Kidnapping 1st
4. Rape 1st
5. Criminal Sexual Act 1st

A. 1 and/or 4
B. 1 only
C. 2 only
D. 3 or 4
E. 5 and 3
F. 5 and 2

A

C. 2 (only Murder 2nd)

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36
Q

What does MARK CABRA AP stand for?

A

MANSLAUGHTER 1
ASSAULT 1
RAPE
KIDNAPPING 1

CRIMINAL SEXUAL ACT 1
AGGRAVATED SEX ABUSE 1
BURGLARY 1 AND 2
ROBBERY 1 AND 2
ARSON 1

ATTEMPT TO COMMIT MURDER 2 OR KIDNAPPING 1 OR AS PART OF A SEXUALLY MOTIVATED FELONY

POSSESSION OF MACHINE GUN OR FIREARM ON SCHOOL GROUNDS

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37
Q

Definition:| Also known as “JHO’ is a person so designated as such pursuant to Article 22 of the Judiciary Law

A

Judicial Hearing Officer

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38
Q

Definition: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 nineteen, when he or she was seventeen years of age.

A

ADOLESCENT OFFENDER

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39
Q

Definition:

  • Where an arrest and any enforcement activity connected with that arrest, including prosecution and any disposition in any New York state court, is deemed a NULLITY and the accused is restored, in contemplation of the law, to the status such individual occupied before the arrest, prosecution and/or disposition; that records of such arrest, prosecution and/or disposition shall be marked as expunged or shall be destroyed as set forth in section 160.50 of this chapter.
  • Neither the arrest nor prosecution and/or disposition, if any, of a matter deemed a nullity shall operate as a disqualification of any person so accused to pursue or engage in any lawful activity, occupation, profession or calling.
  • Except where specifically required or permitted by statute or upon specific authorization of a superior court, no such person shall be required to divulge information pertaining to the arrest, prosecution and/or disposition of such a matter.
A

ExpungeREMEMBER: EXPUNGE = NULLITY

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40
Q

Which courts make up the Superior Courts?

A

Supreme court and County Courts

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41
Q

What courts make up the Local Criminal Courts?

A

District Court
NYC Criminal Court
City, Town, or Village Court
Supreme Court Justice or County Court Judge sitting as a Local Criminal Court

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42
Q

The Superior Courts have trial jurisdiction of:

A. Felonies and Petty offenses if included in indictments
B. Misdemeanors and Felonies, but no Petty Offenses
C. All offenses
D. Felonies only

A

C. All offenses

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43
Q

These Courts has EXCLUSIVE trial jurisdiction of FELONIES

A

The Superior Courts

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44
Q

Superior Courts have exclusive trial jurisdiction of____.

A

Felonies

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45
Q

Local criminal courts have trial jurisdiction of MISDEMEANORS, CONCURRENT with that of the ____

A

The Superior Courts

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46
Q

Superior Courts have trial jurisdiction of _______, CONCURRENT with that of the local criminal courts

A

Misdemeanors

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47
Q

When does the Superior Courts have trial jurisdiction over Petty Offenses?

A

When they are charged in an Indictment

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48
Q

The Superior Court has preliminary jurisdiction of ALL OFFENSES, but only:

A. By statute
B. By right of Court
C. Through the agency of their grand juries
D. By divestiture from the Local Criminal Courts

A

C. Through the agency of their grand juries

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49
Q

When a Superior Court Judge sits as local criminal court it is only for the following purposes:

A
  1. Conducting Arraignments
  2. Issuing Warrants of Arrest
  3. Issuing Search Warrants
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50
Q

The local criminal courts have trial jurisdiction of ________.

A

ALL OFFENSES OTHER THAN FELONIES

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51
Q

These courts have trial jurisdiction of ALL OFFENSES OTHER THAN FELONIES

A

Local Criminal Courts

52
Q

The local criminal courts have EXCLUSIVE trial jurisdiction of ____, except for special circumstance as described above in “Superior Court”
A. Misdemeanors
B. Crimes committed by adolescent offenders
C. Class E felonies (the lowest class of felonies)
D. Petty Offenses

A

D. PETTY OFFENSES

53
Q

The Local Criminal Courts have trial jurisdiction of_________ , CONCURRENT with that of the Superior Courts, but subject to divestiture (taking control of) by the Superior Court

A

MISDEMEANORS

54
Q

The local criminal courts have preliminary jurisdiction of _______, subject to divestiture by the Superior Courts and their grand juries.
A. All offenses
B. Misdemeanors and Petty Offenses
C. Class C, D, E felonies
D. Felonies, but only when “the after hours” part is the “most accessible magistrate”

A

A. All offenses

55
Q

Statute of Limitation:| Class “A” Felony

A

No limit

56
Q

Statute of Limitation:| Rape 1st

A

No limit

57
Q

Statute of Limitation:| Course of sexual conduct against a child 1st

A

No limit

58
Q

Statute of Limitation:| Aggravated sexual abuse 1st

A

No limit

59
Q

Statute of Limitation:- Rape in the second degree - Criminal sexual act in the second degree- Incest in the second degree (when committed as rape in the second degree or criminal sexual act in the second degree

A

Must be commenced within 20 years after the commission thereof or within 10 years from when the offense is first reported to law enforcement, whichever occurs earlier

60
Q

Statute of Limitation:- Rape in the third degree - Criminal sexual act in the third degree

A

Must be commenced within ten years after the commission thereof

61
Q

Statute of Limitation:| Any felony other than those specifically listed in the CPL as “No Limit” felonies

A

5 years

62
Q

Statute of Limitation:| Misdemeanor

A

2 years

63
Q

Statute of Limitation:| Petty Offense

A

1 year

64
Q

Statute of Limitation:| Fiduciary larceny

A

1 year from when the facts are discovered or should have been discovered with due diligenceHINT: F1DUC1ARY = LOOK AT THE ONES!

65
Q

Statute of Limitation:| Public Office Misconduct

A
  • Anytime in Office- Up to 5 years after leaving office but no more than 5 years beyond the normal 30.10 time frame (i.e no more than 10 years)
66
Q

Statute of Limitation:| Environmental Conservation

A

Within 4 years after the facts are discovered, or should had been discovered(Futureclerk hint: Tree = 4 letters = 4 years)

67
Q

Statute of Limitation:| Tax Law

A

3 years

Tax = 3 letters = 3 years

68
Q

S/L

Sexual conduct against a child 2nd

A

Within 5 years of “the most recent” act of sexual conduct

69
Q

Statute of Limitation:
Sex offenses against children less than 18 (Felonies):
-263.05 Use of a child in a sexual performance
-255.25, 26, 27 Incest 3rd, 2nd, 1st degrees

A

A criminal action against the perpetrator of this crime must commence within five years after commission of the offense. The period of limitation shall not begin to run until the child has reached the age of twenty-three or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

70
Q

Statute of Limitation:| Terrorism

A

Eight years or No limit if the commission of such felony offense resulted in, or created a foreseeable risk of, death or serious physical injury to another person (Futureclerk hint: No limit = “Never Forget”)

71
Q

A statute is tolled (the clock stops) while:

A

Defendant is continuously outside the state or Whereabouts continuously unknown or continuously unascertainable with reasonable diligence However, no more than 5 years can be added to regular statute of limitation time

72
Q

In the event an action is timely commenced and then dismissed, the time frame that ran for that failed prosecution is not part of the limitation required under the filing of a new action of another charge for the same offense

A

In the event an action is timely commenced and then dismissed, the time frame that ran for that failed prosecution is not part of the limitation required under the filing of a new action of another charge for the same offense

73
Q

What is the flow of case preference in the courts?

A

Insofar as is practicable, the trial of criminal action must be given preference over civil cases, and Criminal cases where the defendant is incarcerated have preference over cases where the defendant is at liberty

74
Q

When the defendant is charged with a felony, motion to dismiss must be granted when people are not ready for a trial in:

A

6 months

75
Q

When the defendant charged with a class A misdemeanor for which the sentence could be more than 90 days, a motion to dismiss must be granted when people are not ready for a trial in:

A

90 days

76
Q

When the defendant charged with a class B misdemeanor for which the sentence could be no more than 90 days is at liberty, motion to dismiss must be granted when people are not ready for a trial in

A

60 days

77
Q

<p>When the defendant charged with a violation is at liberty, motion to dismiss must be granted when people are not ready for a trial in:</p>

A

30 days

78
Q

When in the custody of the sheriff or the office of children and family services, defendant charged with a felony must be released on bail or ROR when the people are not ready for trial in:

A

90 days

79
Q

When in the custody of the sheriff or the office of children and family services, defendant charged with a class A misdemeanor for which the sentence could be more than 90 days must be released on bail or ROR when the people are not ready for trial in:

A

30 days

80
Q

<p>When in the custody of the sheriff or the office of children and family services, defendant charged with a class B misdemeanor for which the sentence could be no more than 90 days must be released on bail or ROR when the people are not ready for trial in:</p>

A

15 days

81
Q

When in the custody of the sheriff or the office of children and family services, defendant charged with a violation must be released on bail or ROR when the people are not ready for trial in:</p>

A

5 days

82
Q

Run through the time frames only for when a motion to dismiss must be granted if the people aren’t ready for trial:

A

Not Incarcerated:
6 months, 90 days, 60 days, 30 days

6 months-90-60-30

83
Q

Run through the time frames only for when an incarcerated defendant must be released if the people aren’t ready for trial:

A

90 days, 30 days, 15 days, 5 days| 90-30-15-5

84
Q

CPL 30.30 do not apply to:

A

Murder

85
Q

For the purposes of CPL 30.30 time frames, the term offense shall include ______

A

vehicle and traffic law infractions.

86
Q

In the event an action is timely commenced and then dismissed, the time frame that ran for that failed prosecution is part of the limitation required under the filing of a new action of another charge for the same offense. T/F?

A

FALSE

87
Q

In the event an action is timely commenced and then dismissed, the time frame that ran for that failed prosecution is not part of the limitation required under the filing of a new action of another charge for the same offense. T/F?

A

TRUE

88
Q

What does the MARK in MARK CABRA AP stand for?

A
  1. Manslaughter 1
  2. Assault 1
  3. Rape
  4. Kidnapping 1
89
Q

What does the CABRA in MARK CABRA AP stand for?

A
  1. Criminal Sexual Act 1
  2. Aggravated Sex Abuse 1
  3. Burglary 1 & 2
  4. Robbery 1 & 2
  5. Arson 1
90
Q

What does the AP in MARK CABRA AP stand for?

A
  1. ATTEMPT MURDER 2 OR KIDNAPPING 1 OR AS PART OF A SEXUALLY MOTIVATED FELONY
  2. POSSESSION OF MACHINE GUN OR FIREARM ON SCHOOL GROUNDS
91
Q

who is responsible for prescribing forms and authorizing electronic filing?

A

The CHIEF ADMINISTRATOR

92
Q

According to CPL 10.40, A failure by any party to submit papers in compliance with forms authorized by this section shall not be grounds for that reason alone for denial or granting of any motion. T/F?

A

TRUE

93
Q

According to CPL 10.40, Where a party is not represented by counsel, who shall explain such party’s options for electronic filing in plain language?

A

The CLERK!

94
Q

According to CPL 10.40, Notwithstanding any other provision of this section (as in the discretion of the chief administrator to post papers and documents publicly after consideration of the matter), the general rule is that no paper or document that is filed by electronic means in a criminal proceeding in supreme court or county court shall be available for public inspection on-line. T/F?

A

TRUE

95
Q

The general rule of CPL 10.40 is: Except as otherwise provided in this paragraph, participation in this program shall be strictly voluntary and will take place only upon consent of all parties in the criminal action or proceeding; except that a party’s failure to consent to participation shall not bar any other party to the action from filing and serving papers by electronic means upon the court or any other party to such action or proceeding who has consented to participation. T/F?

A

TRUE

96
Q

When may an attorney opt out compelled e-filing when it has been mandated?

A

Where the attorney certifies in good faith that he or she lacks appropriate computer hardware and/or connection to the internet and/or scanner or other device by which documents may be converted to anelectronic format OR he/she (and by extension his/her employees) lacks the requisite knowledge to operate such hardware to participate.

97
Q

When a litigant is not represented by counsel, they must request e-filing if they choose to participate after being given a plain language explanation of such program and such request and consent must be noted in the case file. They may also choose to rescind their consent and opt out of the program at any time for any reason by way of a prescribed form filed with the clerk. T/F?

A

TRUE

98
Q

What shall invalidate the the prosecutor’s statement of readiness?

A

When, the court determines on the record that the people are “not ready” to proceed to trial and/or disclosure requirements have not been met after giving the defendant to be heard on the matter.

99
Q

An order finally denying a motion to dismiss shall be reviewable upon an appeal from judgment/conviction notwithstanding (in spite of) the fact that such judgment is entered upon a plea of guilty. T/F?

A

TRUE

100
Q

Where a defendant is to be tried following the withdrawal of the plea of guilty or is to be retried following a mistrial, an order for a new trial or an appeal, the criminal action and the commitment to the custody of the sheriff or the office of children and family services, if any, must be deemed to have commenced when?

A

On the date the withdrawal of the plea of guilty or the date the order occasioning a retrial becomes final.

101
Q

Where a defendant has been served with an appearance ticket, the criminal action must be deemed to have commenced when?

A. The date the appearance ticket is issued.
B. The date the issuing public servant actually files the appearance ticket with the local criminal court.
C. The date the defendant first appears in a local criminal court in response to the appearance ticket.
D. A and B if occurring on the same day.

A

C. The date the defendant first appears in a local criminal court in response to the appearance ticket.

102
Q

Where a criminal action is commenced by filing a felony complaint, and during the course of the action the felony complaint is replaced or converted to an information, prosecutor’s information, or a misdemeanor complaint the period applicable as to when people must be ready for trial must be calculated from the date of ___________.If more than ________ have passed from when the felony complaint was filed to the date of the new accusatory instrument was filed, then the period applicable to the felony complaint remains applicable and continues as if no new accusatory instrument has been filed.

A

filing new accusatory instrument….. 6 months

103
Q

Where a criminal action is commenced by filing a felony complaint, and during the course of the action the felony complaint is replaced or converted to an information, prosecutor’s information or a misdemeanor complaint the period applicable to when people must be ready for trial must be calculated from the date ___________________.If more than ______ have passed from when defendant is COMMITTED to the date of the new accusatory instrument was filed, then the period applicable to the felony complaint remains applicable and continues as if no new accusatory instrument has been filed.

A

of filing of new accusatory instrument…….90 days

104
Q

7e- Where a count of an indictment is reduced to charge only a misdemeanor or petty offense and a prosecutor’s information is filed, the period applicable as to when the people must be ready for trial is calculated from the date ___________. If more than ______ have passed from when the indictment was filed to the date of the new accusatory instrument was filed, then the period applicable to the charges of the indictment remains applicable and continues as if no new accusatory instrument was filed.

A

of the filing of new accusatory instrument….6 months

105
Q

7f- Where a count of an indictment is reduced to charge only a misdemeanor or petty offense and a prosecutor’s information is filed, the period applicable as to when the people must be ready for trial is calculated from the date of _________. If more than _______ have passed from when defendant was COMMITTED to the date of the new accusatory instrument was filed, then the period applicable to the charges of the indictment remains applicable and continues as if no new accusatory instrument was filed.

A

the filing of new accusatory instrument…… 90 days

106
Q
  1. Motion to dismiss an indictment is not applicable to a motion made pursuant when a defendant is __________. If, upon oral argument, a time period is in dispute, the court must promptly conduct a hearing in which the people must prove that the time period is excludable.
A

committed

107
Q

100.05 - Commencement of actionAll actions commence in the local criminal court OR IN CASE OF A JUVENILE OFFENDER OR ADOLESCENT OFFENDER (except when the juvenile or adolescent is charged with violation or traffic infraction), IN THE _____ by the filing of an accusatory instrument,

A

YOUTH PART OF THE SUPERIOR COURT

108
Q

100.05 - Commencement of actionIf more than one instrument is filed in the course of the same criminal action, then the action commences when the _____ such instrument is filed

A

first

109
Q

100.05 - Commencement of actionThe only way to commence an action in the SUPERIOR COURT (other than a criminal action of against a juvenile offender or adolescent offender) is by the filing of an ________ against a defendant whom has never been held by the local criminal court, otherwise a criminal action can only be commenced in a local criminal court, by filing one of the five accusatory instruments

A

indictment by the Grand Jury

110
Q

100.10- Accusatory Instrument definitionsTHINK OF IT AS, YOU ALWAYS PROSECUTE BY SOME TYPE OF INFORMATION, BECAUSE IT CONTAINS THE INFORMATION NEEDED TO DO SO. COMPLAINTS ARE JUST A PERSON COMPLAINING, BUT WITHOUTINFORMATION BEHIND IT.

A

100.10- Accusatory Instrument definitionsTHINK OF IT AS, YOU ALWAYS PROSECUTE BY SOME TYPE OF INFORMATION, BECAUSE IT CONTAINS THE INFORMATION NEEDED TO DO SO. COMPLAINTS ARE JUST A PERSON COMPLAINING, BUT WITHOUTINFORMATION BEHIND IT.

111
Q

100.10- Accusatory Instrument definitions

YOU CANNOT PLEA GUILTY TO A___________

A. FELONY COMPLAINT
B. MISDEMEANOR COMPLAINT
C. PROSECUTOR’S INFORMATION
D. YOU CAN PLEAD GUILTY TO ALL OVER THE ABOVE

A

FELONY COMPLAINT

112
Q
  1. 15 - An information, misdemeanor complaint or a felony complaint4. Each instrument must contain an accusatory part and a factual part. The complainant’s verification only applies to the______ and not the_______ part.
A

factual part …….. accusatory

113
Q
  1. 15 - An information, misdemeanor complaint or a felony complaint
  2. The accusatory part designates offenses charged. _______ or more charges may be charged in separate counts.

Such instrument may charge two or more defendants provided that ALL DEFENDANTS ARE JOINTLY CHARGED WITH EVERY OFFENSE THEREIN.

A

Two

114
Q
  1. 15 - An information, misdemeanor complaint or a felony complaint
  2. The factual part contains a statement of the complainant alleging facts of an evidentiary character supporting or tending to support the charges. Where more than one offense is charged, the factual part SHOULD CONSIST OF:
A
  1. A SINGLE FACTUAL ACCOUNT APPLICABLE TO ALL THE COUNTS OF THE ACCUSATORY PART. The factual allegations may be either based upon personal knowledge or upon information and belief (complainant only swears to the factual part).a. IN OTHER WORDS: THE ACCUSATORY PART SPECIFIES OFFENSES and FACTUAL PART CONTAINS FACTS AND EVIDENCE SUPPORTING CHARGES.
115
Q
  1. 15 - An information, misdemeanor complaint or a felony complaint must contain
  2. Where a Felony complaint charges a violent felony offense and such offense is an armed felony,
    a. then the accusatory part must designate the offense an “__________” b. while the factual part must allege facts supporting such designation

A. Violent felony
B. Felony with a deadly weapon
C. Armed Felony
D. Felony with intent to kill

A

C. Armed Felony

116
Q

100.25- Defendant’s right to a supporting deposition in Simplified InformationsA defendant charged by a Simplified information has a right to a:

A

supporting deposition of the complainant police officer or public servant IF request is timely made.

117
Q

100.25- Defendant’s right to a supporting deposition in Simplified InformationsA defendant charged by a Simplified information has a right to a supporting deposition of the complainant police officer or public servant if request is timely made. To be timely it must be made before a plea of guilty or commencement of a trial, but not later than ____________ after the date the defendant was directed to appear in court

A

THIRTY (30) DAYS

118
Q

100.30 Verifying informations, complaints, supporting depositions and proof of service are done by swearing to them before:

A
  1. Before the court with which it is filed2. Before a desk officer in charge at police station or police headquarters or any of his superior officers3. Before a public servant when filed by public servant authorized to administer oath with respect to such instrument. Example: COURT CLERK.4. Before a Notary Public
119
Q

100.30 Verifying informations, complaints, supporting depositions and proof of serviceSUCH INSTRUMENT MAY BEAR A FORM NOTICE THAT FALSE STATEMENTS ARE PUNISHABLE AS A ______

A. Felony
B. Class A Misdemeanor
C. Class B Misdemeanor
D. Violation

A

B. Class A Misdemeanor

120
Q

100.40 Local criminal court and youth part of the superior court accusatory instruments; sufficiency on face”Sufficiency on its face”, in general, is when an accusatory instrument conforms to the requirements of such, and when the factual part along with the supporting deposition, if provided, give __________ that the defendant committed the offense, and non-hearsay allegations of the factual part, establish, if true, every element of the offense charged and the defendant’s commission thereof

A

“Reasonable cause to believe”

121
Q

00.50 - Superseding informations and prosecutors informationsAt any time before entry of a plea of guilty to, or commencement of a trial of an information or prosecutors information, another information may be filed which will supersede the original instrument. Upon arraignment of the new instrument the older instrument must be dismissed except for:

A

any counts not superseded by the new instrument

122
Q

100.45- Severance, consolidation, amendmentThe rules of severing counts of an indictment or severing of defendants applies to informations,prosecutor’s informations and to misdemeanor complaints. (The latter two as of 11/1/16) At any time before_________ or _______, the court may on application of the people, with notice to the defendant and opportunity to be heard, order the amendment of the accusatory part by adding a countcharging an offense supported by the factual part. The defendant may then be entitled to a reasonable adjournment

A

the entry of a plea of guilty to or commencement of a trial of an information

123
Q

100.55 Accusatory instruments; where filedIn general accusatory instruments are filed where the crime allegedly occurred Very easy to remember. Remember that the place in whichthe offense was committed controls. If offense committedin:1. District Court – in the county in which the offense wascommitted2. New York City Criminal Court- when the crime wasallegedly committed in New York City3. Town Court – if committed in the town4. Village Court – if committed in the village.Note: NYC Criminal court contains five courts as a whole.

A

Some odd exceptions worth noting are that a Felony complaint can be filed with any town or village court in a County where the offense occurred in some town of such County, not having to be the town where the court is locatedHere is another little ditty for you:When an accusatory instrument is filed with a judge of the Superior Court sitting as a local criminal court, the offense must be committed in the County in which such judge is then present and in which he either resides or is holding a term of a Superior CourtEff. 2/26/17A local criminal court accusatory instrument may be filed with a local criminal court while it is operating an “off hours” arraignment part, for offenses allegedly committed within the same county

124
Q

*A misdemeanor complaint must or may be replaced and superseded by an ________ pursuant to section CPL 170.65

A

information

125
Q

100.55 Accusatory instruments; where filedIn general accusatory instruments are filed where the crime allegedly occurred Very easy to remember. Remember that the place in whichthe offense was committed controls. If offense committed in:

  1. District Court – in the county in which the offense was committed
  2. New York City Criminal Court- when the crime was allegedly committed in New York City
  3. Town Court – if committed in the town4. Village Court – if committed in the village.

Note: NYC Criminal court contains five courts as a whole.

A

Some odd exceptions worth noting are that a Felony complaint can be filed with any town or village court in a County where the offense occurred in some town of such County, not having to be the town where the court is locatedHere is another little ditty for you:When an accusatory instrument is filed with a judge of the Superior Court sitting as a local criminal court, the offense must be committed in the County in which such judge is then present and in which he either resides or is holding a term of a Superior CourtEff. 2/26/17A local criminal court accusatory instrument may be filed with a local criminal court while it is operating an “off hours” arraignment part, for offenses allegedly committed within the same county

126
Q

100.60 - Youth part of the superior court accusatory instruments; in what courts filedAny youth part of the SUPERIOR COURT ACCUSATORYINSTRUMENT – may be filed with the youth part of the SUPERIOR COURT of a particular county when an offense charged therein was allegedly committed in ______ or that any other place where that county has jurisdiction

A

such county

All CPL 2024 (54 decks)

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