39847561
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 |
| CPL 195.10 true or false? a defendant who has been arraigned in the LCC may waive prosecution by indictment and consent to be prosecuted by superior court information | true |
| CPL 190.10 what are the three conditions that must be met in order for a defendant to waive their right to be prosecuted by an indictment? | 1. LCC has held the defendant for action of Grand Jury 2. Defendant is not charged with a Class A felony punishable by death or life imprisonment AND 3. DA consents to the waiver |
| CPL 195.10 A defendant can waive indictment in what 2 places? | 1. LCC where order issued holding the defendant for the action of the grand jury and at the time such order is issued OR 2. the appropriate superior court at the time prior to the filing of an indictment by the grand jury (of indictment has already been filed, don't bother) |
| CPL 195.20 A waiver of indictment shall be evidenced by a written instrument, which shall contain what three things? | 1. the name of the court in which it is executed-this is a fancy way of saying where the indictment was singed 2. the title of the action 3. the name, date, and approximate time and place of each offense to be charged in the superior court information |
| CPL 195.20 the written waiver should also contain a statement by the defendant that he is aware that what 3 things? | 1. that under the constitution of the state of NY, the defendant has the right to be prosecuted by indictment 2. defendant waives such right and consents to be prosecuted by the superior court information 3. superior court information will charge offenses named in waiver |
| CPL 190.20 when a defendant waives their right to be prosecuted by indictment, does the superior court information have the same force and effect as the indictment? | yes |
| 190.20 where shall the written waiver of indictment be signed and by who? In the presence of who? who shall endorse it? | -signed by the defendant in open court -in the presence of their attorney -District attorney shall endorse it |
| CPL 195.30 when the waiver is approved by the LCC that court shall _____ transmit to the superior court the written waiver and a written ____ approving the waiver along with all other pertinent documents | -promptly -order |
| CPL 190.30 until the papers are received by the superior court, the action is deemed to be pending where? | in the LCC ( the court has to approve it ) |
| CPL 190.40 when indictment is waived by the superior court (in NYC-supreme court, all other cities county court) the DA shall file what with the court at the same time as the waiver is executed? | the supreme court information (SCI) |
| CPL 195.40 when indictment is waived in LCC the DA must file the SCI within how many days of the court order approving the waiver? | 10 days |
| CPL 195.40 Upon application of a defendant who has been committed to the custody of the sheriff since the approval pending disposition of the action and has been confined for a period of more than 10 days from the date of the approval without the filing by the DA of a SCI, the supreme court must do what? | ROR the defendant |
| CPL 190.40 the superior court must ROR a defendant held more than 10 days unless what 2 things? | 1. failure of the DA to file the SCI was due to the defendants request, action, or condition, or occurred with his consent OR 2. the People have shown good cause why his release should not be issued (Some compelling fact or circumstance precluded the filing of the SCI) |
| CPL 195.40 the DA must file the SCI ____ if waiver is filed in the Superior Court or within ___ days if waiver is filed in LCC | -immediately -10 days |
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