39845200
Description
Flashcards by Emily Deragon, updated 3 months ago
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Created by Emily Deragon
3 months ago
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| Question | Answer |
| CPL180.10 upon arraignment, what must the judge or clerk (in judges presence) inform the defendant of? | the charges against him and that the primary purpose of the hearing is to determine if he is to be held for the action of the grand jury upon the charges |
| CPL 180.10 what must the defendant be given a copy of at the arraignment? | a copy of the felony complaint |
| CPL 180.10 true or false? the defendant has a right to a prompt hearing on whether or not there is sufficient evidence to hold him for the action of the grand jury | true |
| CPL 180.10 if a defendant appears at the arraignment with no lawyer he has the right to what 3 things? THE COURT MUST INFORM DEFENDANT OF THESE RIGHTS | 1. to an adjournment to obtain counsel 2. to communicate by letter or phone, free of charge, with an attorney and to inform a relative that he has been charged with an offense 3. to appointment of any attorney if he cannot afford one |
| CPL 180.10 at the arraignment the court MUST issue a securing order that does what 3 things? | 1. setting bail OR 2. releasing defendant on his own recognizance (ROR) OR 3. commit defendant to the custody of the sheriff (REMAND) |
| CPL 180.10 what are the two purposes of a felony hearing? | 1. to determine whether or not a felony was committed 2. to determine whether or not the defendant committed the felony |
| CPL 180.20 Order of removal shall be issued. such order shall not take effect until how many days after the date order was issued? | 5 days |
| CPL 180.30 if the defendant waives the felony hearing what must the court do? | 1. order the defendant be held for action of the grandy jury OR 2. inquire as to whether felony complaint should be dismissed and replaced with information, prosecutors information, or a misdemeanor complaint |
| CPL 180.40 where the local criminal court has held a defendant for the action of a grand jury the DA MAY at any time before_____ apply ex parte to the appropriate ____ court for an order directing that the felony complaint and other papers be sent back to the LCC for reconsideration of the action to be taken | -such matter is submitted to the grand jury -superior court |
| CPL 180.50 The local criminal court MAY with consent of who? make inquiry as to whether the facts in the felony complaint may show defendant committed less than a felony | consent of the district attorney |
| CPL 180.50 when the local criminal court makes inquiry whether the facts of a felony complaint may show defendant committed less than a felony and the court is satisfied that there is reasonable cause to believe that they did what can take place? | if the court doesn't believe the defendant committed a felony as well as a non-felony as a mater of right they can reduce the charge to a non-felony offense |
| CPL 180.50 what types of felonies can the court not reduce? | Class A felonies or an armed felony |
| CPL 180.50 a charge deemed reduced when a felony complaint is replaced with what 3 things? | 1.prosecutors information charging on non-felony OR 2. complaint, at courts request, replaces felony complaint with information charging non felony offense OR 3. felony complaint is converted into an information by appropriate notations |
| CPL 180.50 if the felony complaint is replaced what must court do | dismiss the felony complaint |
| CPL 180.60 hearing on felony complaint: District attorney must conduct such hearing on behalf of who? | the people |
| CPL 180.60 hearing on felony complaint: Defendant MUST/MAY be present? | May (has the right to be) |
| CPL 180.60 hearing on felony complaint: Court MUST read complaint and supporting depositions unless? | the defendant waives the reading |
| CPL 180.60 hearing on felony complaint: Each witness MAY/MUST testify under oath and MAY/MUST be cross examined by the other side? | -MUST testify under oath -MAY be cross examined |
| CPL 180.60 Hearing on felony complaint: people MAY/MUST call and examine witnesses and offer evidence? | MUST |
| CPL 180.60 hearing on felony complaint: defendant MAY/MUST testify on his own behalf | MAY |
| CPL 180.60 court MAY/MUST allow defendant to call and examine witnesses | MAY |
| CPL 180.60 hearing on felony complaint: is hear-say evidence permitted? | no |
| CPL 180.60 felony complaint hearing: court MAY/MUST exclude the public on request of the defendant | MAY |
| CPL 180.60 hearing on felony complaint: Hearing should be completed in one session and if necessary adjourn for ___ day(s) | 1 |
| CPL 180.60 hearing on felony complaint: the people MAY/MUST the defendant MAY/MUST | the people MUST the defendant MAY |
| CPL 180.70 if the court believes defendant committed a felony it MAY/MUST order defendant held for the action of the grand jury | MUST |
| CPL 180.70 if the court does not believe defendant committed a felony but believes they committed an offense other than a felony they MAY/MUST reduce the charge | MAY reduce charges |
| CPL 180.70 if the court believes that the defendant committed a felony as well as a non felony and they decide to reduce to charges, it DOES/DOESN'T order the defendant held for the action of the grand jury | DOES NOT |
| CPL 180.70 if the court does not believe that the defendant committed any offense it must ___ and____ or ____ | dismiss the felony complaint and discharge defendant from custody (if he is being held) OR exonerate bail |
| CPL 180.80 release of defendant from custody upon failure of timely disposition: how long can someone that has a felony complaint filed against them in LCC or youth superior be held? what if the time includes a Saturday, Sunday, or legal holiday? | 120 hours or 144 hours |
| CPL 180.80 the court must ROR a defendant after 120 hrs or 144 hrs without disposition or commencement of a hearing unless what 2 things? | 1. the failure to dispose of the felony complaint or to commence a hearing thereon during such period of confinement was due to the defendants request, action or condition, occurred with his consent OR 2. prior to the application the district atty files with the court a written cert. that an indictment has been voted or an indictment or a direction to file a prosecutors information charging an offense based upon conduct alleged in the felony complaint was filed by the grand jury |
| CPL 180.80 the court may not ROR a defendant id they are satisfied that the people have shown good cause why such an order of release should not be issued. Such good cause MUST consist of what? | compelling fact or circumstance which precluded disposition of the felony complaint within the prescribed period or rendered such action against the interest of justice (for example the are about to indict the person on murder charges) |
| CPL 180.85 true or false? after the arraignment of a defendant upon a felony complaint other than criminally negligent homicide, manslaughter 2, aggravated murder and murder 1 the court on its own motion MAY terminate the prosecution of the charges in the felony complaint | true |
| CPL 180.85 termination of prosecution: a motion to terminate prosecution may only be made for Count(S) that are not what? | that are not presented to the grand jury |
| 170.70 is released for failure to replace what complaint? 180.80 is failure make a disposition or commence hearing regarding a what complaint? | 170.70 failure to replace misdemeanor complaint (5 days exuding sunday from arraignment) 180.80 failure to make disposition regarding a felony complaint or commence a hearing (120 hr or 144 hrs from time arrested) |
| CPL 180.85 if the parties consent to such termination on the return date of the motion the court SHALL enter what? | an order terminating the prosecution |
| CPL 180.85 If the DA files what? the court on the return date of the motion MAY defer disposition of the motion for a period of how many days? and if during this time the count(s) of the felony complaint are presented to the grand jury or the counts are not disposed of in a timely manner the court on the return date of the motion shall deny the motion to end prosecution | -Notice of opposition -45 days |
| CPL 180.85 termination: is the defendants appearance in court required on the return date of this motion to terminate prosecution? | no |
| CPL 180.85 termination: shall the period of delay between the filing of the motion to terminate and the deciding of this motion be considered a period of delay to CPL 30.30(speedy trial)? | No |
| Cpl 180.85 Should the time between filing a motion for termination and the decision on the motion be considered in computing the time within the people must be ready for trial? | yes |
| CPL 180.85 where people indicate their intention to seek new indictment after termination order is issued, the court shall stay any sealing of the defendants records for a reasonable period not exceeding how many days? | not exceeding 30 days to permit the people an opportunity to pursue indictment |
| CPL 180.85 termination if a motion to terminate is denied, the moving party may not file new motion (same relief) for a period of how many months | 6 months |
| CPL 180.80-1 when a defendant is held for an action of a grand jury, all relevant documents must be promptly transmitted from the local criminal court to who? | the superior court |
| CPL 180.50 2. if the court believes the defendant committed a felony as well as a non felony it MAY knock down the charge to only the non-felony if it believes what 2 things? | it is in the interest of justice AND the DA consents |
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