Article 190 Flashcards Preview

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Flashcards in Article 190 Deck (20)
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1

T/F? During deliberations and voting of grand jury, only grand jury members may be present in the grand jury room

True


CPL 190.25

2

A witness before the grand jury receives immunity unless he has waived immunity, or __________.

Evidence is not responsive to any inquiry and its gratuitously given.


CPL 190.40

3

Generally, upon application, a juvenile offender held on a felony complaint for the action of the grand jury must be released on his own recognizance if the grand jury has not acted for ___ days

30 days



CPL 190.80

4

A grand jury is comprised of __ to __ persons

16; 23



CPL 190.05

5

Who appoints the foreman and acting foreman of the grand jury?

The court



CPL 190.20

6

Who appoints the secretary of the grand jury?

The grand jurors


CPL 190.20

7

For a grand jury to indict, at least ____ grand jury members must be present

16



CPL 190.25

8

T/F? A charge dismissed by one grand jury cannot be resubmitted to another grand jury

False


CPL 190.75

9

To indict, agreement of at least __ grand jurors is necessary

12


CPL 190.25

10

A person held on a felony complaint for the action of the grand jury must be released on his own recognizance if grand jury has not acted for more than ___ days

45



CPL 190.80

11

T/F? The consent of the DA is needed for a waiver of indictment

True



CPL 190.10

12

Which of the following 3 statements are correct? A grand jury may submit to the court a report
1. Concerning misconduct, non-feasance or neglect in public office as basis for a recommendation of removal or disciplinary action
2. Stating that the investigation of the public servant found no misconduct, non-feasance or neglect in office provided that public servant requested submission of such report
3. Proposing recommendations for legislature, executive, or administrative action based on its findings
A. Only 1 is correct
B. Only 1 and 2
C. Only 2 and 3
D. All 3 are correct

D. All 3 are correct



CPL 190.85

13

A grand jury may indict a person under the age of ___ only for certain offenses. For crimes which the grand jury cannot indict a person under __, it may request a court order for removal to the FC.
A. 21
B. 18
C. 16
D. None of the above

C. 16



CPL 190.71

14

Which of the following 5 choices is not correct? A grand jury may
1. Indict a person (190.65)
2. Direct DA to file a prosecutor's information in LCC
3. Direct DA to file a removal to FC
4. Dismiss the charge
5. Submit a grand jury report
A. Statement 3 is not correct
B. Statement 5 is not correct
C. Statement 4 is not correct
D. all Are correct

D. All are correct



CPL 190.60

15

The grand jury is made up of not less than __ nor more than __ persons
A. 12...16
B. 13..23
C. 16...22
D. 16...23

D. 16...23



CPL 190.05

16

Which of the following statements regarding the grand jury is false? The court:
A. Appoints the foreman and acting foreman
B. Swears in the grand jurors
C. Gives a printed copy of provisions of this article to the grand jurors, and if it deems necessary, oral instructions
D. Appoints the secretary

D. Appoints the secretary



CPL 190.20

17

During its proceedings (other than voting) the following may be present before the grand jury
1. DA
2. Clerk or other public servant
3. Attorney representing a witness when the witness is present
A. 2 only
B. 1 and 2
C. 1, 2 and 3
D. 2 and 3

C. 1, 2 and 3

18

The legal advisor of the grand jury are
A. The court and the DA only
B. The court only
C. The DA only
D. The attorney for claimant and DA only

A. The court and the DA only



CPL 190.25

19

Generally, upon application, a defendant held on a felony complaint for the action of the grand jury must be released on his own recognizance if the grand jury has not acted for than __ days
A. 15
B. 30
C. 45
D. 60

C. 45



CPL 190.85

20

The appellate division of each judicial department adopts such rules. However, an extraordinary term of the grand jury may be ordered by: _______________________.

A Supreme Court justice assigned to hold such term



CPL 190.10