Flashcards in CPL Article 1 Deck (47)
A felony complaint is filed in which court?
LCC (Lower criminal court)
A misdemeanor complaint is filed in which court?
_____ means the appearance in court of a defendant after an accusatory instrument has been filed for the purpose of the court acquiring personal jurisdiction over a defendant.
A verdict is the announcement by the jury of its decision upon a defendant's guilt or innocence (after a jury trial), or the ______ (after a non-jury trial).
T/F The district court is a superior court.
A _____ means any written notice issued by a public servant, requiring a person to appear before a local criminal court in connection with an accusatory instrument filed by which a criminal action has already been commenced
Of the following which one does not commence a criminal action? (1 - information, 2 - prosecutor's information, 3 - superior court information)
Superior court information because it is used after felony complaint has been filed if defendant waives indictment and DA consents
Can a misdemeanor or felony complaint be used as the basis of prosecution?
Exception: misdemeanor complaint can be used as basis for prosecution if defendant consents
T/F All informations can serve as the basis of prosecution.
T/F A prosecutor's information may charge a felony.
A court acquires personal jurisdiction over a defendant at ______.
A criminal jury trial commences with the ______.
selection of the jury.
A criminal non-jury trial commences with the ___________.
first opening address, or if there is none, when the first witness is sworn.
Conviction means verdict of guilty or _______.
entry to plea of guilty
A criminal judgment is comprised of ____ and ____.
conviction and sentence.
A criminal action commences with the filing of ________.
the accusatory instrument
The two superior criminal courts are _____ and _____.
Supreme Court and County Court
District Court, NYC Criminal Court and Justice Courts are what types of courts?
T/F The Court of Appeals is an intermediate appellate court.
When a court has authority to finally dispose of a case, it is said to have ______ jurisdiction.
T/F Local criminal courts have a trial jurisdiction over all offenses.
T/F An appearance ticket is an accusatory instrument.
Which of the following are accusatory instruments?
2. Warrant of arrest
3. Desk appearance ticket
4. Felony complaint
4. Felony complaint
An appearance ticket is issued by ______.
A public servant
A bench warrant is issued by ______.
T/F A bench warrant is used to bring a person in for arraignment.
T/F A summons can be issued before an accusatory instrument is filed
T/F A warrant of arrest can be issued only after accusatory instrument has been filed
Every accusatory instrument must be entitled, "______" against designated defendant.
The people of the state of New York