Article 180 Flashcards Preview

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Flashcards in Article 180 Deck (15)
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1

T/F? Superior court judge sitting as LCC cannot try an action where offense charged is a felony

False



CPL 180.20

2

If a felony complaint is replaced by a misdemeanor complaint, the defendant must be arraigned upon the new accusatory instrument

True



CPL 180.50

3

At a felony hearing the defendant MUST be present

False



CPL 180.60

4

At a felony hearing the defendant has the right to call witnesses

False



CPL 180.60

5

T/F The court's determination at a felony hearing must be by proof beyond a reasonable doubt

false



CPL 180.60

6

Removal of juvenile offender case to FC is done pursuant to CPL ____.

725



CPL 180.75

7

A defendant held on a felony complaint must be ROR if a felony hearing is not held or complaint remains undisposed for _____.

120 hours (144 hrs if weekend or holidays occur)



CPL 180.80

8

The courts determination at a felony hearing must be by
A. Preponderance of the evidence
B. Proof beyond a reasonable doubt
C. Reasonable cause to believe
D. None of the above

C. Reasonable cause to believe



CPL 180.60

9

Which of the following statements is not correct? At a felony hearing:
1. DA must conduct behalf of the people
2. Defendant must be present
3. Court must read to defendant felony complaint and supporting depositions (unless defendant waives reading)
4. Witnesses must be sworn and may be cross-examined
A. 1
B. 2
C. 3
D. 4

B. 2



CPL 180.60

10

Which of the following statements is not correct?
1. Defendant may as a matter of right testify in his own behalf
2. Upon request of defendant court MAY allow him to call and examine other witnesses, or produce evidence
3. Only hearsay evidence is admissible
4. Determination is based on REASONABLE CAUSE TO BELIEVE that tune defendant committed a felony
A. 1
B. 2
C. 3
D. 4

C. 3



CPL 180.60

11

At felony arraignment, the court must issue a securing order which
1. Releases the defendant on his own recognizance
2. Fixes bail
3. Commits defendant to custody of the sheriff
A. 1 or 2 or 3
B. 1 or 2
C. 2 or 3
D. 2

A. 1 or 2 or 3



CPL 180.10

12

Which of the following is false? At a felony hearing
A. DA conducts the hearing
B. Defendant must be present
C. Court must read to defendant felony complaint and supporting depositions (unless defendant waves)
D. Witnesses must be sworn

B. Defendant must be present



CPL 180.60

13

If court believes that juvenile is not criminally responsible for offense because of his age, but qualifies as a juvenile delinquent, court must order that the action be removed to the FC pursuant to article _____.
A. 725 of the CPL
B. 730 of the CPL
C. 4 of the FCA
D. 3 of the CPLR

A. 725 of the CPL


CPL 180.75

14

Upon application, defendant held on a felony complaint for action of grand jury must be released on his own recognizance when the felony complaint remains undisposed for more than _____________.
A. 120 hours in all cases
B. 120 hours (or 144 hours in event that a Saturday, Sunday or legal holiday occurs during custody) in all cases
C. 144 hours (or 168 hours in event that a Saturday, Sunday or legal holiday occurs during custody) in all cases
D. 144 hours in all cases

B. 120 hours (or 144 hours in event that a Saturday, Sunday or legal holiday occurs during custody) in all cases


CPL 180.80

15

T/F? At felony arraignment a securing order committing defendant to custody must be made

False


CPL 180.10