CPL Article 1 Flashcards Preview

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Flashcards in CPL Article 1 Deck (47)
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1

A felony complaint is filed in which court?

LCC (Lower criminal court)

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2

A misdemeanor complaint is filed in which court?

LCC

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3

_____ 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.

Arraignment

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4

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).

court

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5

T/F The district court is a superior court.

False

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6

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

summons


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7

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

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8

Can a misdemeanor or felony complaint be used as the basis of prosecution?

NO.

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Exception: misdemeanor complaint can be used as basis for prosecution if defendant consents

9

T/F All informations can serve as the basis of prosecution.

True.

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10

T/F A prosecutor's information may charge a felony.

False

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11

A court acquires personal jurisdiction over a defendant at ______.

Arraignment

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12

A criminal jury trial commences with the ______.

selection of the jury.

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13

A criminal non-jury trial commences with the ___________.

first opening address, or if there is none, when the first witness is sworn.

14

Conviction means verdict of guilty or _______.

entry to plea of guilty

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15

A criminal judgment is comprised of ____ and ____.

conviction and sentence.

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16

A criminal action commences with the filing of ________.

the accusatory instrument

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17

The two superior criminal courts are _____ and _____.

Supreme Court and County Court


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18

District Court, NYC Criminal Court and Justice Courts are what types of courts?

LCC


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19

T/F The Court of Appeals is an intermediate appellate court.

False.


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20

When a court has authority to finally dispose of a case, it is said to have ______ jurisdiction.

Trial


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21

T/F Local criminal courts have a trial jurisdiction over all offenses.

False


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22

T/F An appearance ticket is an accusatory instrument.

False


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23

Which of the following are accusatory instruments?
1. Summons
2. Warrant of arrest
3. Desk appearance ticket
4. Felony complaint

4. Felony complaint



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24

An appearance ticket is issued by ______.

A public servant


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25

A bench warrant is issued by ______.

Criminal court


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26

T/F A bench warrant is used to bring a person in for arraignment.

False



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27

T/F A summons can be issued before an accusatory instrument is filed

False

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28

T/F A warrant of arrest can be issued only after accusatory instrument has been filed

True


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29

Every accusatory instrument must be entitled, "______" against designated defendant.

The people of the state of New York


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30

T/F for an act to be classified as an armed felony, a deadly weapon must be have caused serious physical injury.

False


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