Session #1

Question 1

Which one of the following is not an accusatory instrument according to the Criminal Procedure Law?

 A: A Felony Complaint
 B: A Simplified Information
 C: An Appearance Ticket
 D: A Misdemeanor Complaint
 E: An Indictment Reduced

Answer 1

C: An Appearance Ticket

Question 2

The accusatory instrument named below which cannot be used to commence a criminal prosecution is

A: an Indictment.
B: a Felony Complaint.
C: a Misdemeanor Complaint.
D: an Information.

Answer 2

B: Be careful of the language. A Felony Complaint can commence the
criminal PROCEEDING but not the PROSECUTION

Question 3

According to the provisions of the C.P.L., a felony complaint must contain certain information. Which of the following is not an absolute requirement?

A: The offense charged
B: The court
C: An arresting officer’s name
D: The facts

Answer 3

C: An arresting officer’s name

Question 4

The Geographical Area of Employment (GAOE) of a Village police officer is

A: the entire state.
B: the village to which assigned.
C: the town in which the village is located.
D: the county in which the village is located.

Answer 4

B: the village to which assigned.

Question 5

Which of the following is/are an accusatory instrument(s)?

1. An Indictment
2. A Misdemeanor Complaint
3. A Bill of Particulars
4. A Felony Complaint

A: #1 and #2, but not #3 and #4
B: #2, #3, and #4, but not #1
C: #1, #2, #4, but not #3
D: #1, #3, #4, but not #2

Answer 5

C: #1, #2, #4, but not #3

Question 6

The general rule re: statute of limitations for a misdemeanor is that the period is

A: 2 years from the discovery of the crime.
B: 5 years for public servants.
C: 1 year from the commission of the crime.
D: 2 years from the commission of the crime.

Answer 6

D: 2 years from the commission of the crime.

Question 7

Which of the following is not correct re: trial jurisdiction of Superior Courts?

A: They have exclusive trial jurisdiction over felonies.
B: They have trial jurisdiction of misdemeanors concurrent with that of the local criminal courts.
C: They have trial jurisdiction over petty offenses which is concurrent with that of the local criminal courts.
D: They may exercise trial jurisdiction over violations and traffic infractions only when such an offense is charged in an indictment which also charges a crime.

Answer 7

C: They have trial jurisdiction over petty offenses which is concurrent with that of the local criminal courts.

Question 8

Under the provisions of Article 10 of the C.P.L., there are SUPERIOR COURTS (Supreme or County Court) and LOCAL CRIMINAL COURTS (all of the others). The only courts which can exercise TRIAL JURISDICTION over a FELONY are

A: Supreme or County Courts.
B: Superior Courts and New York City Criminal Court.
C: Superior Courts and Superior Court Judges sitting as a Local Criminal Court.
D: any criminal court in which a Felony Complaint may be filed.

Answer 8

A: Supreme or County Courts.

Question 9

Under the Definition section of the C.P.L (Section 1.20), which of the following would not be considered a VERIFIED WRITTEN ACCUSATION?

A: An Information
B: A Misdemeanor Complaint
C: A Felony Complaint
D: A Prosecutor’s Information

Answer 9

D: A Prosecutor’s Information

Question 10

Article 30 of the C.P.L. contains, among other things, the rules concerning the STATUTE OF LIMITATIONS. Most of the examination questions dealing with such rules will simply list 3 or 4 offenses, some of which are felonies, and some misdemeanors. You are then required to determine which has a 5 year statute, 2 year statute, etc.

Which of the following offenses is not affected by a 5 year statute of limitations?

 A: Robbery 1st Degree
 B: Assault 1st Degree
 C: Rape 1st Degree
 D: Kidnapping 2nd Degree
SHOW ANSWER

Answer 10

C: Rape 1st Degree

Question 11

The concept of the STATUTE OF LIMITATIONS is that from the moment a crime is committed, a time period begins to run. If a criminal prosecution is not commenced against the defendant within that time frame (many exceptions), a successful prosecution cannot be had. The usual statute of limitations for Felonies is 5 years, for Misdemeanors it is 2 years, and for Petty Offenses it is 1 year.

A “public servant” has a special rule that controls him for offenses committed involving misconduct in public office. The rules are that he may be prosecuted at any time during his service, or within 5 years after he terminates service, but IN NO EVENT shall the period of limitation be extended by more than 5 years beyond the period otherwise applicable.

Roger is an elected public official who receives more than $1,000 in bribes in connection with his duties. His term of office ended on 12/31/2010. He took the bribes on 10/1/2010. In the November, 2010 elections he was not returned to office and he left his position on 12/31/2010. The latest date on which Roger may be successfully prosecuted for his crime is

A: 9/30/2015
B: 12/31/2013
C: 10/1/2010
D: 12/31/2015

Answer 11

D: May be prosecuted up to 5 years after he leaves office.

Question 12

Roger and Tondelayo have had another of their terrible fights. This time Roger shoots Tondelayo intending to kill her. He stuffs her body into the trunk of his car and transports it from Westchester County where the shooting occurred to Putnam County where he intends to bury the body. When he opens the trunk he sees that Tondelayo is alive and he shoots her again. This time he kills her. Jurisdiction of the murder lies in which county?

A: Putnam County
B: Westchester County
C: Westchester County and Putnam County
D: Westchester County or Putnam County

Answer 12

D: Westchester County or Putnam County

Question 13

Roger was a clerk in a grocery store and he stole $300 from the register. He then left New York State and went to live in New Jersey. The theft occurred on 1/1/2011. On 1/27/2015 the grocer saw Roger at a ball game in New York. The grocer called police and Roger was taken into custody. The Desk Officer at the police station refused to book Roger saying that the statute of limitations had run. The Desk Officer’s action should be considered as

A: appropriate, since more than 5 years had run.
B: appropriate, since the original limitation was 2 years and more than 5 years had run.
C: inappropriate, since regardless of the time period, unless the defendant raises the issue as an affirmative defense, he may be prosecuted.
D: inappropriate, since Roger’s absence from the state may have “TOLLED” the statute.

Answer 13

D: inappropriate, since Roger’s absence from the state may have “TOLLED” the statute.

Question 14

If a Warrant of Arrest is issued by certain courts, it may be executed anywhere in New York State. Which of the following courts have such statewide jurisdiction?

1. District Court
2. New York City Criminal Court
3. Superior Court Judge sitting as a Local Criminal Court
4. Town Court

A: #1, #2, and #3, but not #4
B: #1 and #2, but not #3 and #4
C: #2, but not #1, #3, and #4
D: #2 and #3, but not #1 and #4

Answer 14

A: #1, #2, and #3, but not #4

Question 15

Which of the following accusatory instruments may not be used to prosecute the crime specified therein?

A: Indictment
B: Superior Court Information
C: Felony Complaint
D: Misdemeanor Complaint

Answer 15

C: Felony Complaint

Question 16

The one of the following which is not included within the definition of an “accusatory instrument” is

 A: an Indictment.
 B: an Information.
 C: a Simplified Information.
 D: a Misdemeanor Complaint.
 E: an Appearance Ticket.

Answer 16

E: Watch out for this. Section 1.20, subd. 1, lists all Accusatory Instruments.

Question 17

The statement below which is not accurate is:

A: All Indictments must charge at least one crime.
B: All Accusatory Instruments must be entitled, “The People of the State of New York” against a designated person, known as the defendant.
C: A “Superior Court Information” is a written accusation by a District Attorney.
D: An “Information” may only be filed by a non-public servant.
E: A “Simplified Information’ is a written accusation by a police officer or other authorized public servant.

Answer 17

D: An “Information” may be filed by any “person.” It is not limited to police or public servant.

Question 18

The accusatory instrument listed below which cannot be used by a non-public servant is:

 A: Felony Complaint.
 B: Misdemeanor Complaint.
 C: Appearance Ticket.
 D: Information.
 E: Simplified Information.

Answer 18

E: See 1.20, subd. 5, which restricts the use of a “Simplified Information” to police or public servants.

Question 19

A “criminal action” commences

A: with the arraignment of a defendant.
B: when the first witness is sworn.
C: when an arrest of the defendant is made.
D: with the proper filing of an accusatory instrument.

Answer 19

D: See 1.20, subd. 16.

Question 20

The one of the following which is not considered to be a Local Criminal Court is

A: a County Court.
B: a Town Court.
C: a Village Court.
D: a City Court.

Answer 20

A: The Superior Courts are the “Supreme” and “County” Courts.
The “Local Criminal Court” include:
a) New York City Criminal Court
b) District Court
c) City Court
d) Town Court
e) Village Court
f) Supreme Court Justice sitting as a Local Criminal Court
g) County Court Judge sitting as a Local Criminal Court

Question 21

The statement below which is not accurate is:

A: Local Criminal Courts have trial jurisdiction of all offenses other than felonies.
B: Local Criminal Courts have exclusive trial jurisdiction of petty offenses except if a Superior Court takes such jurisdiction because the petty offense is contained in an Indictment which also charges a crime.
C: A Superior Court Judge sitting as a Local Criminal Court has no authority to exercise trial jurisdiction over any offense.
D: Local Criminal Courts have exclusive preliminary jurisdiction of all offenses.

Answer 21

D: It is NOT EXCLUSIVE. It is subject to divestiture in any particular case by the Superior Courts and their Grand Juries.

Question 22

The statement below which is not accurate re: geographical jurisdiction of offenses is:

A: In a homicide case it is presumed that the death of the victim occurred within the state if the victim’s body or a part thereof is found in this state.
B: An offense committed within 500 yards of the boundary of a particular county, and in an adjoining county of this state, may be prosecuted in both counties.
C: An offense committed in a private vehicle during a trip extending through more than one county may be prosecuted in any county through which such vehicle passed in the course of such trip.
D: Where an offense prosecutable in a Local Criminal Court is committed in a city other than New York City, or in a town or village, but within 100 yards of any other such political subdivision, it may be prosecuted in either such political subdivision.

Answer 22

B: Watch out for this trick. The prosecution may be in EITHER county, NOT BOTH.

Question 23

Which of the following is not correct according to the C.P.L.?

A: An offense committed on a bridge having terminals in different counties may be prosecuted in any terminal county.
B: An offense committed anywhere on the Hudson River southward of the northern boundary of New York City may be prosecuted in any of the 5 counties of New York City.
C: An oral/written statement made by a person in one jurisdiction to a person in another jurisdiction by means of a telecommunication, mail, or any other method of communication, is deemed to have been made in original jurisdiction.
D: When an offense of “omission” is involved, it is immaterial for jurisdictional purposes whether the defendant was within or outside the state at the time of the omission.

Answer 23

C: It is deemed to have been made in EACH SUCH JURISDICTION, therefore, EITHER may take the action.