Article 200 Flashcards Preview

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Flashcards in Article 200 Deck (14)
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1

T/F? An indictment may be filed in a local criminal court

False


CPL 200.10

2

T/F? DA may request that separate indictments be consolidated

True

CPL 200.40

3

Generally, DA may file special information to accompany indictment of a child sexual assault offender where victim was less than ___ at time of offense

15

CPL 200.62

4

T/F? Indictment and prosecutor's information are 2 accusatory instruments of superior courts

False

CPL 200.15

5

T/F? An indictment may not charge a petty offense

False

CPL 200.20

6

An indictment must contain signature of the foreman or acting foreman and signature of _____.

DA

CPL 200.50

7

T/F? An indictment may be amended to correct a misjoinder of offenses or defendants

False

CPL 200.70

8

A "Bill of Particulars" is a written statement by prosecutor specifying items of factual information which are not recited in the indictment (Generally must be served by people upon defendant or his attorney and filed with court within __ days of request for a bill of particulars.)
A. 10
B. 15
C. 20
D. 30

B. 15


CPL 200.95

9

Choose the best answer. A request for a bill of particulars on an indictment:
A. is served by the people on the defendant
B. shall not be made without leave of court
C. Both A and B are correct
D. Both A and B are incorrect

D. Both A and B are incorrect


CPL 200.95 (defendant serves bill to the people and does not require leave of court.)

10

An indictment may not be amended for any of the following reasons:
1. A misjoinder of offenses
2. Legal insufficiency of the factual allegations
3. A failure to charge or state an offense
4. A misjoinder of defendants
A. 1, 3 and 4
B. 1, 2, 3 and 4
C. 1, 2 and 3
D. 2 and 3

B. 1, 2, 3 and 4


CPL 200.70

11

Which of the following statements are false? An indictment must contain:
1. the name of the criminal court where felony complaint was filed
2. the title of the action
3. the signature of the DA
4. signature of foreman of the grand jury
A. 1
B. 1 and3
C. 1 and 4
D. 4

C. 1 and 4


CPL 200.50

12

Choose the best answer. Which of the following statements relating to indictments is true?
A. Each count must charge one offense only
B. An indictment can charge crime(s) only
C. Both A and B are false
D. Both A and B are true

A. Each count out charge one offense only


CPL 200.20 and 200.30

13

Which of the following statements relating to indictments is incorrect?
A. Indictment is a written accusation by grand jury
B. An indictment is filed with a superior court
C. Indictment charges person(s) at least 1 crime
D. An indictment shall not charge a petty offense

D. An indictment shall not charge a petty offense


CPL 200.10

14

The two accusatory instruments of the superior courts are:
A. felony complaint and indictment
B. summons issued by superior court and indictment
C. indictment and superior court warrant of arrest
D. indictment and superior court information

D. indictment and superior court information


CPL 200.10