CPL Article 100 Flashcards Preview

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Flashcards in CPL Article 100 Deck (17)
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1

Name the LCC accusatory instruments.

1. Information
2. Prosecutors information
3. Simplified information
4. Misdemeanor complaint
5. Felony complaint

CPL 100.05

2

T/F Informations can only commence a criminal action.

False.

And serve as the basis for prosecution

CPL 100.10

3

A prosecutor's information is a written accusation filed by ____, either at direction of the grand jury or at the direction of the LCC, or at ____'s own instance, and charges offense(s) less than a felony.

DA, DA



CPL 100.10

4

A _________ is a verified written accusation by person charging offense(s), at least one of which is a misdemeanor, and none is a felony.

Misdemeanor complaint



CPL 100.10

5

A ____________ is a verified written accusation by a person which charges offense(s), one or more of which must be felonies.

Felony complaint



CPL 100.10

6

Criminal court and FC have concurrent jurisdiction over ________.

Family offenses



CPL 100.07

7

T/F Informations cannot serve as the basis for prosecution

False.

Do serve

CPL 100.10

8

The two parts of an accusatory instrument are the _____ part and the _____ part.

Accusatory, factual



CPL 100.15

9

A supporting deposition is filed by _______.


Someone other than complanaint.



CPL 100.20

10

Which of the following statements is not correct?
A. Any local criminal court accusatory instrument may be filed in a district court of a county where offense was committed.
B. An information, simplified information, prosecutors information, or misdemeanor complaint may be filed in town where offense was committed, or in village where offense was committed
C. A felony complaint must be filed in the town or village court where felony was committed
D. An information, simplified information, misdemeanor complaint or a felony complaint may be filed with judge of superior court sitting as a LCC in county where offense was committed and judge either resides or is holding term of office

C. A felony complaint must be filed in the town or village court where felony was committed.

MAY

CPL 100.55

11

How many LCC accusatory instruments are there?

5



CPL 100.05

12

Which is a LCC accusatory instrument?
A. An indictment
B. A superior court information
C. A felony complaint
D. None of the above

C. A felony complaint



CPL 100.05

13

Which is not correct?
A. A police officer can issue a simplified traffic information
B. A prosecutor's information is a written accusation by a DA
C. A felony complaint must charge at least one crime
D. A misdemeanor complaint can also charge a violation.

C. A felony complaint must charge at least one crime


Must charge at least one felony
CPL 100.10

14

Which of the following statements is false?
A. A complaint must specify the name of the court in which it is filed
B. The accusatory part must designate the offense(s) charged
C. Accusatory part must contain statement by complainant
D. A complaint must specify the title of the action

C. Accusatory part must contain statement by complainant


The factual part must contain statement by complainant
CPL 100.15

15

Which is not correct?
A. Simplified traffic information can charge a traffic infraction(s) and/or misdemeanors relating to traffic
B. Simplified traffic information can only be issued by a police officer
C. Simplified traffic information is filed with the LCC
D. Simplified traffic information is in a brief and simplified form.

B. Simplified traffic information can only be issued by a police officer


CPL 100.10

16

Which of the following choices are not correct? An accusatory instrument is "sufficient on its face" when it:
1. Conforms to the requirements of this article
2. Allegations and supporting depositions provide "proof beyond a reasonable doubt"
3. Non-hearsay allegations, if true, establish every element of offense charged
A. 3 only
B. 2 & 3 only
C. 2 only
D. 1, 2 & 3

C. 2 only



CPL 100.40

17

Criminal court has concurrent jurisdiction with FC over ______ offenses, notwithstanding the fact that a FC has or may be exercising jurisdiction.
A. All felony cases
B. All
C. Family
D. None of the above

C. Family



CPL 100.07