UR 200 Volume 2 Flashcards
S200.13 Impaneling of grand juries
There shall be a grand jury drawn and impaneled for such terms of a superior court as may be provided on annual ______of ______ established by Chief Administrator of Courts.
schedule of terms
S200.14 Transfer of indictments between superior court
Upon authorization by Chief Administrator:
(a) An indictment pending in the Supreme Court at a term held in a county outside the City of New York may, prior to entry of a plea of guilty or commencement of a trial, be removed to the _______ Court of such county.
(b) An indictment pending in a County Court may similarly be removed to _______ Court at a term held or to be held in the same county.
County…. Supreme
200.16 and 200.27 Issuance of Order Confirming Disclosure and Notice Obligations
In all criminal actions on an indictment, prosecutor’s information, information, or simplified information court shall issue an order to prosecution and defense counsel that, inter alia,
- (1) confirms prosecutor disclosure obligations pursuant to Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), People v. Geaslen, 54 N.Y.2d 510 (1981), and their progeny, and
- (2) confirms defense counsel’s professional obligation to provide effective assistance of counsel and meet the defendant’s statutory notice obligations.
The order shall be issued on the first scheduled court date, following arraignment, where both prosecutor and defense counsel are present.
200.16 and 200.27 Issuance of Order Confirming Disclosure and Notice Obligations
In all criminal actions on an indictment, prosecutor’s information, information, or simplified information court shall issue an order to prosecution and defense counsel that, inter alia,
- (1) confirms prosecutor disclosure obligations pursuant to Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), People v. Geaslen, 54 N.Y.2d 510 (1981), and their progeny, and
- (2) confirms defense counsel’s professional obligation to provide effective assistance of counsel and meet the defendant’s statutory notice obligations.
The order shall be issued on the first scheduled court date, following arraignment, where both prosecutor and defense counsel are present.
S200.22 Assignment of criminal actions (local criminal court)
Criminal actions in a criminal term shall be assigned to judges in a manner authorized by the _________________
Chief Administrator of Courts.
S200.23 Recordkeeping requirements for town and village courts
(a) Each town and village court shall maintain the following:
(1) case files containing all papers filed, orders issued, any minutes or notes made by court of proceedings or testimony, and a copy of any original documents or papers forwarded to another court or agency.
(2) an index of cases with a unique number assigned to each case when filed, and
(3) a cashbook which shall chronologically itemize all receipts and disbursements.
S200.23 Recordkeeping requirements for town and village courts
(a) Each town and village court shall maintain the following:
(1) case files containing all papers filed, orders issued, any minutes or notes made by court of proceedings or testimony, and a copy of any original documents or papers forwarded to another court or agency.
(2) an index of cases with a unique number assigned to each case when filed, and
(3) a cashbook which shall chronologically itemize all receipts and disbursements.
S200.23 Recordkeeping requirements for town and village courts
(b) In each case, except for parking violations, court shall assign a unique case number for each defendant. In addition to papers filed and orders issued, court shall maintain records which shall include following information:
(1) defendant’s name, address, and date of birth if under the age of _______
(2) State law or local ordinance, including section number, of each offense charged.
(3) a brief description of each offense charged and date of its alleged commission.
(4) date of arrest.
(5) name of arresting agency or officer.
(6) date of arraignment.
(7) name and address of prosecutor and defendant’s attorney.
(8) a record of arraignment proceedings, including following entries:
whether charges were read to defendant, constitutional and statutory rights of which defendant was advised,
whether counsel was assigned,
plea entered by defendant,
a summary of other actions taken by court at arraignment, including form of release and amount of bail set, and
date of next scheduled appearance.
(9) defendant’s NYSID number and court control number, where available, for finger printable offenses.
(10) a summary of all other actions taken and proceedings conducted before trial.
(11) names and addresses of all witnesses sworn.
(12) whether defendant waived a jury
(13) each disposition after trial, and each disposition other than by trial and reasons therefore.
(14) whether a presentence report was ordered and made available to the defendant or defendant’s attorney.
(15) any sentence imposed by court, and
(16) a summary of all post-judgment proceedings.
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S200.23 Record-keeping requirements for town and village courts
(c) A model record-keeping system which complies with requirements of this Part will be prepared and distributed by the __________
Office of Court Administration.
S200.25 Procedure for Accepting Guilty Pleas by Mail in NYC Criminal Court
The Administrative Judge of NYC Criminal Court may establish a procedure for accepting guilty pleas by _______ whereby a defendant charged in an information with a designated ________ defined outside of Penal Law may enter a plea of guilty to such petty offense and be sentenced by Court to pay a fine and any applicable surcharge on resulting conviction, without making a personal appearance in action.
For purposes of this section, term “petty offense” shall have same meaning as in Criminal Procedure Law
Mail…. petty offense
S200.25 Procedure for Accepting Guilty Pleas by Mail in NYC Criminal Court
(b) Applicability
The procedure for accepting guilty pleas by mail shall apply only where a defendant has been served with an appearance ticket in lieu of an arrest, returnable in Summons Part of NYC Criminal Court, for a petty offense defined outside of Penal Law that has been specifically designated by Administrative Judge of NYC Criminal Court as appropriate for disposition under this section.
S200.25 Procedure for Accepting Guilty Pleas by Mail in NYC Criminal Court
(b) Applicability
The procedure for accepting guilty pleas by mail shall apply only where a defendant has been served with an appearance ticket in lieu of an arrest, returnable in Summons Part of NYC Criminal Court, for a petty offense defined outside of Penal Law that has been specifically designated by Administrative Judge of NYC Criminal Court as appropriate for disposition under this section.
S200.25 Procedure for Accepting Guilty Pleas by Mail in NYC Criminal Court
(c) Appearance Ticket, Form and Content
(1) The appearance ticket shall be in a form prescribed by the Administrative Judge of NYC Criminal Court, in consultation with appropriate criminal justice agencies, and shall be served upon the defendant by issuing officer.
The appearance ticket shall contain the nature of charge, range of applicable penalties if convicted of charge, a procedure for pleading guilty by mail, and such other information as may be prescribed by the Administrative Judge.
S200.25 Procedure for Accepting Guilty Pleas by Mail in NYC Criminal Court
(c) Appearance Ticket, Form and Content
(1) The appearance ticket shall be in a form prescribed by the Administrative Judge of NYC Criminal Court, in consultation with appropriate criminal justice agencies, and shall be served upon the defendant by issuing officer.
The appearance ticket shall contain the nature of charge, range of applicable penalties if convicted of charge, a procedure for pleading guilty by mail, and such other information as may be prescribed by the Administrative Judge.
S200.25 Procedure for Accepting Guilty Pleas by Mail in NYC Criminal Court
(c) Appearance Ticket, Form and Content
(2) With respect to procedure for entry of a plea of guilty by mail, an appearance ticket shall contain exact amount of fine and surcharge to be imposed by Court, and manner in which and date by which such fine and surcharge must be paid. The appearance ticket also shall include a provision advising defendant that, by entering a plea of guilty by mail to charge, he, or she:
(i) waives arraignment in open court, right to receive a copy of accusatory instrument and right to aid of counsel.
(ii) pleads guilty to offense as charged.
(iii) understands that a plea of guilty to a charge is equivalent to a conviction after trial.
(iv) agrees that charge be disposed of by payment of fine and any applicable surcharge in accordance with amounts designated in appearance ticket, and
(v) understands that the Court may refuse to accept a plea of guilty, because of the defendant’s prior criminal record or other special circumstance, in which case, if ultimately convicted, he or she may be sentenced to the full range of penalties set forth in the appearance ticket.
S200.25 Procedure for Accepting Guilty Pleas by Mail in NYC Criminal Court
(c) Appearance Ticket, Form and Content
(2) With respect to procedure for entry of a plea of guilty by mail, an appearance ticket shall contain exact amount of fine and surcharge to be imposed by Court, and manner in which and date by which such fine and surcharge must be paid. The appearance ticket also shall include a provision advising defendant that, by entering a plea of guilty by mail to charge, he, or she:
(i) waives arraignment in open court, right to receive a copy of accusatory instrument and right to aid of counsel.
(ii) pleads guilty to offense as charged.
(iii) understands that a plea of guilty to a charge is equivalent to a conviction after trial.
(iv) agrees that charge be disposed of by payment of fine and any applicable surcharge in accordance with amounts designated in appearance ticket, and
(v) understands that the Court may refuse to accept a plea of guilty, because of the defendant’s prior criminal record or other special circumstance, in which case, if ultimately convicted, he or she may be sentenced to the full range of penalties set forth in the appearance ticket.
S200.25 Procedure for Accepting Guilty Pleas by Mail in NYC Criminal Court
(d) Procedure
S200.25 Procedure for Accepting Guilty Pleas by Mail in NYC Criminal Court
(d) Procedure
A defendant served with an appearance ticket for petty offense pursuant to this section may enter a plea of guilty by mail by indicating that he or she pleads guilty to charge, and by signing and mailing completed ticket, by first class, registered or certified mail, to Court together with payment of amount of fine and surcharge.
S200.25 Procedure for Accepting Guilty Pleas by Mail in NYC Criminal Court
(d) Procedure
S200.25 Procedure for Accepting Guilty Pleas by Mail in NYC Criminal Court
(d) Procedure
A defendant served with an appearance ticket for petty offense pursuant to this section may enter a plea of guilty by mail by indicating that he or she pleads guilty to charge, and by signing and mailing completed ticket, by first class, registered or certified mail, to Court together with payment of amount of fine and surcharge.
A defendant served with an appearance ticket for petty offense pursuant to this section may enter a plea of guilty by mail by indicating that he or she pleads guilty to charge, and by signing and mailing completed ticket, by first class, registered or certified mail, to Court together with payment of amount of fine and surcharge.
S200.25 Procedure for Accepting Guilty Pleas by Mail in NYC Criminal Court
(d) Procedure
Provided an information has been filed charging such offense, court then may dispose of the case as though the defendant had been convicted upon a plea of guilty in open court, or, because of the defendant’s prior criminal record or other special circumstance, may refuse to accept a plea of guilty.
S200.25 Procedure for Accepting Guilty Pleas by Mail in NYC Criminal Court
(d) Procedure
Provided an information has been filed charging such offense, court then may dispose of the case as though the defendant had been convicted upon a plea of guilty in open court, or, because of the defendant’s prior criminal record or other special circumstance, may refuse to accept a plea of guilty.
S200.25 Procedure for Accepting Guilty Pleas by Mail in NYC Criminal Court
(d) Procedure
If plea is refused, court shall inform defendant in writing that he or she is required to appear before court at a stated time and place to answer charge, which shall thereafter be disposed of pursuant to applicable provisions of law.
The Court shall _______ to defendant any fine or surcharge payment that may have accompanied defendant’s proffered plea of guilty.
return
S200.25 Procedure for Accepting Guilty Pleas by Mail in NYC Criminal Court
(d) Procedure
Where an information charging a designated petty offense is dismissed by court, any plea of guilty to such offense entered pursuant to this section shall be refused, and court shall inform defendant of fact of dismissal and shall return to defendant any fine or surcharge payment that may have accompanied defendant’s proffered plea of guilty.
S200.25 Procedure for Accepting Guilty Pleas by Mail in NYC Criminal Court
(d) Procedure
Where an information charging a designated petty offense is dismissed by court, any plea of guilty to such offense entered pursuant to this section shall be refused, and court shall inform defendant of fact of dismissal and shall return to defendant any fine or surcharge payment that may have accompanied defendant’s proffered plea of guilty.
