Article 260 Flashcards Preview

Criminal Procedure, Penal Law, Uniform Rules, Vehicle and Traffic Law > Article 260 > Flashcards

Flashcards in Article 260 Deck (14)
Loading flashcards...
1

T/F? The jury must render a verdict

False

CPL 260.30

2

T/F? The jury deliberates in the courtroom

False

CPL 260.30

3

The people MAY or MUST deliver an opening address to the jury?

MUST

CPL 260.30

4

The people MAY or MUST offer evidence in support of the indictment

MUST

CPL 260.30

5

The people and defendant MAY or MUST deliver a summation to the jury

MAY

CPL 260.30

6

Generally, a defendant may waive a jury trial EXCEPT where charge is __________.

murder in the first degree

CPL 260.10

7

T/F? In a trial of an indictment, trial cannot proceed unless defendant is present

False

CPL 260.20

8

T/F? If a defendant is disruptive in a courtroom, he may be removed and the trial shall continue

False

CPL 260.20

9

Which of the following statements is correct?
A. the jury may at times deliberate in the courtroom
B. the jury must deliberate in the courtroom
C. the jury must deliberate in a place outside of the court room
D. the jury must render a verdict

C. the jury must deliberate in a place outside of the courtroom

CPL 260.30

10

Which of the following statements is correct? In a trial of indictment, a defendant may
A. waive a jury trial except for class A and B felonies
B. waive a jury trial in all cases
C. waive a jury trial except where charge is murder in the first degree
D. waive a jury trial except where the charge is A, B or C felony

C waive a jury trial except where charge is murder in the first degree

CPL 260.10

11

Which of the following statements relating to a jury trial is false?
A. the jury must be selected and sworn
B. The court must deliver preliminary instructions to the jury
C. the people must deliver an opening address to the jury
D. the defendant must deliver an opening address to the jury

D. the defendant must deliver an opening address to the jury

CPL 260.30

12

Which of the following statements is false? In a jury trial
A. people must offer evidence in support of indictment
B. defendant may offer evidence in his defense
C. people must offer evidence in rebuttal
D. defendant may deliver a summation to the jury

C. people must offer evidence in rebuttal

CPL 260.30

13

Which of the following statements is false? At the conclusion of evidence
A. the defendant may deliver a summation to the jury
B. the people may deliver a summation to the jury
C. the court may then deliver a charge to the jury
D. the jury must retire and deliberate and if possible render a verdict

C. the court may deliver a charge to the jury

CPL 260.30

14

Which of the following 3 statements are correct?
1) A defendant may waive a jury trial in all cases
2) a defendant may not waive a jury trial in some cases
3) a defendant may not waive a jury trial for a B felony
A. 1
B. 2 and 3
C. 3
D. 2

D. 2


CPL 260.10