CPL Article 30 Flashcards Preview

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Flashcards in CPL Article 30 Deck (17)
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1

In calculating S/L time periods, the following periods shall NOT be included: 1. Period after offense during which defendant was outside NYS, or 2. _______________.

Whereabouts of defendant are unknown


CPL 30.10

2

People must be ready for trial within period after filing of accusatory instrument
Felony ?
Misdemeanor over 3 months. ?
Misdemeanor up to 3 months. ?
Petty offense ?

Felony. 6 months
Misdemeanor over 3 months 90 days
Misdemeanor up to 3 months. 60 days
Petty offense. 30 days

CPL 30.30

3

T/F the statute of limitations for a petty offense is 2 years

False


CPL 30.10
It's one year

4

In a felony case, motion to dismiss must be granted if the people are not ready for trial after 6 months of 1. Arrest? 2. Imprisonment ? 3. Filing of accusatory instrument?

3. Filing of accusatory instrument


CPL 30.30

5

T/F speedy trial time requirements apply in all cases

False



CPL 30.30

6

Statute of limitations for CLASS A felony is ______.

At any time


CPL 30.10

7

Statute of limitations for B, C, D or E felony is ________

5 years


CPL 30.10

8

T/F S/L tolls on a criminal case if defendant is outside the state or his whereabouts are unknown

True


CPL 30.10

9

Speedy trial time limitations DO NOT apply to murder in the 1 or 2 degree, aggravated murder, manslaughter in the 1 or 2 degree, and _________.

Criminally negligent homicide



CPL 30.30

10

The statute of limitations for larceny in violation of a fiduciary duty is _______
A. Within 1 year of discovery
B. Within 2 years of discovery
C. Within 5 years of discovery
D. None of the above

A. Within 1 year of discovery



CPL 30.10

11

The statute of limitations for misconduct in public office is during term of office or within _______ years after end of service, but no more than ______ years beyond statute of limitation period for that offense.
A. 5.....10
B. 3....5
C. 5....5
D. None of the above

C. 5.....5


CPL 30.10

12

Which of the following is false? A motion to dismiss base on speedy trial provision must be granted where the people are not ready for trial within:
A. Six months after filing of accusatory instrument for a felony
B. Ninety days after filing of accusatory instrument (misdemeanor over 3 months)
C. Fifteen days after filing of accusatory instrument charging a violation
D. Sixty days after the filing of accusatory instrument (misdemeanor less than 3 months)

C. Fifteen days after filing of accusatory instrument charging a violation


CPL 30.30 (Should be 30 days)

13

Defendant must be released on bail/ROR if people are not ready for trial within:
A. 60 days of commencement of detention (for a felony)
B. 45 days of commencement of detention (for misdemeanor more than 3 months)
C. 15 days of commencement of detention (for misdemeanor 3 months or less
D. All of the above

C. 15 days of commencement of detention (for misdemeanor 3 months or less)


CPL 30.30

14

Choose the best answer: A motion to dismiss based on people not being ready for trial (speedy trial) does not apply to:
A. Murder in the first degree
B. Manslaughter in the second degree
C. A only
D. Both A and B

D. Both A and B


CPL 30.30

15

Which of the following periods for commencement of a criminal action see correct?
1. For all felonies - must be commenced within 5 years
2. For all misdemeanors - must be commenced within 1 year
3. For all petty offenses - must be commenced within 6 months
A. 1 only
B. 2 and 3 only
C. 1 and 2 only
D. Neither 1 nor 2 nor 3

D. Neither 1 nor 2 nor 3


CPL

16

Which of the following class of offenses is not paired correctly with period in which the accusatory instrument must be filed?
A. Class A felony - at any time
B. Any other felony - within seven years commission of felony
C. Misdemeanor- within two years of commission of misdemeanor
D. Petty offense- within one year after commission of petty offense

B. Any other felony - within seven years of commission of felony


CPL 30.10

17

When a defendant is outside NYS or his whereabouts are unknown, the statute of limitations tolls (stops running):
A. Until he returns to the state or whereabouts are known
B. For a period of four months
C. For a period not to exceed five years beyond period otherwise applicable
D. None of the above

A & C until he returns to state or whereabouts are known and for a period not to exceed five years beyond period otherwise applicable

CPL 30.10