Article 170 Flashcards Preview

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Flashcards in Article 170 Deck (17)
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1

If youth is not in compliance during the pendency or disposition of the PINS proceeding, court may, upon application of the people, restore the accusatory instrument. (Notice of such application must be served on person and his or her counsel by ________.)

The court


CPL 170.80

2

T/F? A defendant must appear personally at arraignment

False


CPL 170.10

3

T/F? Defendant must always be provided free counsel if unable to pay for counsel.

False



CPL 170.10

4

T/F? A misdemeanor complaint may be used as the basis for prosecution in all cases

False



CPL 170.10

5

T/F? A securing order cannot release the defendant on his own recognizance

False


CPL 170.10

6

A defendant in custody awaiting grand jury action must be released on his own recognizance if grand jury has not acted within ___ days

45


CPL 170.25

7

Generally, criminal pre-trials motions must be made within ___ days after arraignment and before commencement of trial

45



CPL 170.30

8

T/F? An ACD is in all cases for a maximum period of 6 months

False



CPL 170.55

9

T/F? An ACD is an admission of guilt.

False



CPL 170.55

10

Generally, if a misdemeanor complaint is pending and defendant is in custody, defendant must be released on his own recognizance after ___ days of confinement

5 days (not including Sunday)



CPL 170.70

11

Which of the following is false? At time of arraignment, court must inform the defendant
A. That he has a right to have free counsel assigned in all cases
B. That conviction or plea of guilty to traffic offense would subject defendant to suspension and revocation of license and registration
C. That he has a right to a supporting deposition to be filed where charge is simplified traffic information
D. That he may not be prosecuted on a misdemeanor complaint unless he consents, or the misdemeanor complaint is replaced by an information

A. That he has the right to have free counsel assigned in all cases


CPL 170.10

12

If court does not make 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
3. 1 or 2
D. Neither 1 nor 2

C. 1 or 2



CPL 170.10

13

In a county outside a city with population of 1 million or more, court may (upon motion of defendant and with DA consent) order action removed to another criminal court in same county which has been designated a drug court by Chief Administrator of Courts. Such removal shall not take effect until __ days after date order is issued
A. 5
B. 7
C. 10
D. 45

A. 5


CPL 170.15

14

Generally pre-trial motions must be made within __ days after arraignment and before the commencement of trial, whichever is sooner
A. 15
B. 30
C. 45
D. 20

C. 45



CPL 170.30

15

An order to dismiss an accusatory instrument in interests of justice may be issued upon motion of _____.
A. The people, or upon motion of the court, or upon motion of defendant
B. The court only
C. The court or upon motion of the defendant
D. The defendant or upon motion of end people only

A. The people, or upon motion of the court, or upon motion of defendant

16

After arraignment and before entry of plea of guilty or commencement of trial, court MAY order an ACD
1. Upon motion of people or defendant and consent both
2. Upon its own motion and consent of both people and defendant
A. 1 only
B. 2 only
C. Both 1 and 2 are false
D. Both 1 and 2 are true

D. Both 1 and 2 are true



CPL 170.55

17

T/F? Generally, if a 16 or 17 year old is charged with PL 230.00 (prostitution) or PL 240.37 (loitering for prostitution) the LCC may not dismiss charge in the interest of justice. This does not apply where charge is loitering for the purpose of patronizing a prostitute.

False.


CPL 170.30 (MAY)