39855172
Description
Flashcards by Emily Deragon, updated 3 months ago
|
Created by Emily Deragon
3 months ago
|
|
| Question | Answer |
| CPL 200.10 define indictment | a written accusation by a grand jury, filed with a superior court, charging a person or persons jointly, with the commission of a crime (felony or misdemeanor) or with the commission of two or more offenses at least one is a crime |
| CPL 200.15 Define superior court information (SCI) | a written accusation by a DA filed in a Superior Court charging a person or persons with the commission of a crime. |
| CPL 200.15 a superior court information MAY/MUST include any offense for which the defendant was held for action of grand jury | MAY |
| CPL 200.15 does a superior court information have the same force and effect as an idictment? | yes |
| CPL 200.20 what must an indictment charge? what may and indictment charge? | MUST charge at least one crime and MAY also charge, in separate counts, one or more other offenses, including petty offenses, provided that all such offenses are joinable |
| CPL 200.20 when are two offenses joinable? | when they are based upon the same criminal transaction or when the commission of one crime is evidence in chief that another was committed |
| CPL 200.20 if the indictments contain offenses which are joinable and other offenses that are not joinable they MAY/MUST be consolidated for the purpose of trying only the joinable offense. Does the indictment remain in existence with respect to the non-joinable offenses? | -MAY -yes |
| CPL 200.20 can you consolidate an indictment with a superior court information? | yes nothing precludes the consolidation of an indictment with an SCI |
| CPL 200.20 when an indictment charges at least one crime against a defendant under 17 at time of crime, and who was criminally responsible for said crimes, the indictment MAY charge in separate counts, crimes which they are not criminally responsible for if what? | the offense for which the defendant is criminally responsible and other offenses for which he isn't, are based upon the same act or upon the same criminal transaction? |
| CPL 200.30 True or false? each count of an indictment may charge multiple offenses | FALSE only one offense. duplicate counts are prohibited |
| CPL 200.40 two or more defendants may be jointly charged in a single indictment provided that what 4 things? | 1. all defendants jointly charged with every offense 2. all offenses charged are based upon a common scheme 3. all the offenses charged are based upon the same criminal transaction 4. indictment includes count of enterprise corruption |
| CPL 200.40 true or false? if two or more defendants are charged in separate indictments with an offense or offenses that could have been joined in a single indictment, the court, upon application of the DA, May join the defendants in a single indictment | true |
| CPL 200.50 an indictment must contain what 9 things? (1-4) | 1. the name of the Superior court in which it was filed 2. the title of the action and where the defendant is JD a statement in the title that the defendant is charged as juvenile offender 3. a separate accusation or count addressed to each offense charged 4. a statement in each county that the grand jury or DA (if SCI) accuses the defendant of an offense |
| CPL 200.50 an indictment must contain what 9 things? (5-9) | 5. a statement in each count that the offense was committed in a designated county 6. a statement in each count that the offense charged was committed on or about a designated date time period 7. a plain a concise factual statement which asserts facts, etc. 8. the signature of foreman or acting foreman of the GJ 9. the signature of DA |
| CPL 200.60 where an offense of lower grade is raised to an offense of higher grade by reason of previous conviction, the indictment must use the what phrase to indicate the discretion? | "as felony" (for example: DWI as felony) |
| CPL 200.60 an indictment for a "as felony offense must be accompanied by what? | a special information |
| CPL 200.60 who is a special indictment filed by? charging what? | filed by the DA to the court, charging that the defendant was previously convicted of a specified offense |
| CPL 200.60 May the people refer to such special information during the trial or offer any evidence concerning the previous conviction alleged? | no |
| CPL 200.60 after commencement of trial and before the close of the Peoples case, the court, In the absence of who, must arraign the defendant upon the special information ? | in the absence of the jury |
| CPL 200.60 what must the people advise the defendant of when they arraign them on a special information? | they must advise him that he may admit, deny, or remain mute |
| CPL 200.60 arraignment on special information: if the defendant admits to previous conviction what happens? | that element of the peoples case is deemed established and the court must submit the case to the jury without reference to the previous conviction |
| CPL 200.60 arraignment on special information: if the defendant denies the previous conviction or remains mute what MAY the people do? | the people may prove that element of the offense charged before the jury as part of their case |
| CPL 200.60 can anything in this section preclude the people from proving prior conviction before a grand jury or can it relieve the peoples obligation or necessity to do so? | no |
| CPL 200.62 whenever a person charged with the commission or attempt of an offense defined in PL 130 (sex offense) which constitutes a felony and it appears that the victim was less than 15 years old, the indictment MAY be accompanied by what? | a special information filed by the DA, alleging that the victim was less than 15 (don't have to include it and may tell jury the victims age) |
| CPL 200.62 when there's a special information with indictment for sex offense victim less than 15, when must the Court arraign the defendant? | prior to the trial or after the commencement, but before the close of the peoples case |
| CPL 200.62 when there's a special information with indictment for sex offense victim less than 15, when they arraign defendant, what must the court, in absence of jury, advise the defendant of? | that he may admit to the allegation, deny it, or remain mute |
| CPL 200.62 when there's a special information with indictment for sex offense victim less than 15, if the defendant admits that the victim was less than 15 years old, what happens? | that allegation shall be deemed established for all subsequent purposes |
| CPL 200.62 when there's a special information with indictment for sex offense victim less than 15, if the defendant denies or remains mute what happens? | the People MAY, by proof beyond a reasonable doubt, prove before the jury (or court if defendant waives jury) that the alleged victim was less than 15 |
| CPL 200.62 when there's a special information with indictment for sex offense victim less than 15. does anything in this subdivision prevent the people, in a trial or before a jury, from making reference to and introducing evidence of the victims age? | no |
| CPL 200.62 Special info child sex offender: when jury determines victim was less than 15, jury shall consider and render its verdict on such issue only after rendering its verdict regarding what | the offense |
| CPL 200.62 true or false? a determination pursuant to this section (victim less than 15) shall be binding in any future proceeding in which the issue may arise unless the underlying conviction or determination is vacated or reversed | true |
| CPL 200.70 true or false? an indictment may not be amended which charges the theory or theories of the prosecution as presented before the grand jury which filed the indictment | true |
| CPL 200.70 an indictment may not be amended to cure what 4 things? | 1. failure to charge offenses 2. legal insufficiency of factual allegations 3. misjoiner of offenses 4. misjoiner of defendants |
| CPL 200.80 if a superseding indictment is filed charging the SAME offenses as the first one, what happens to those charges from the first one when the defendant is arraigned on the superseding indictment? | dismissed |
| CPL 200.80 if there are charges the first indictment that were not in the superseding what happens to the first indictments charges? | they remain active |
| CPL 200.95 define bill of particulars | written statement written by prosecutors specifying items of factual information which the people intend to prove at trial (an outline of how they'll proceed it court) |
| CPL 200.95 within how many days of service of the request Shall the prosecutors serve the bill of particulars | 15 days |
| CPL 200.95 how long after the arraignment, but before the trial, shall a request for a bill of particulars be made? | 30 days |
| CPL 200.95 when a defendant request an adjournment to obtain counsel, when does the 30 day period for request for bill of particulars commence? | on the date counsel initially appears on his behalf |
| CPL 200.95 May the prosecutor refuse tom comply with the request for a bill of particulars or any portion of the request for a bill of particulars? To what extent? | yes to the extent he reasonably believes that the item of factual information requested is not authorized to be included in a bill of particulars or that such information is not necessary to enable the defendant adequately to prepare or conduct his defense |
| PL 200.95 the prosecutors refusal to the request for a bill of particulars shall be made in writing, which shall set forth what? | the grounds of such belief as fully as possible, consistent with the reason for the refusal |
| CPL 200.95 how many days after the request should the refusal be served upon the defendant and a copy shall be filed with the court? | 15 days or as soon thereafter as possible |
| CPL 200.95 what does a protective order do in regards to a bill of particulars? | it can deny, limit, condition, delay, or regulate the bill of particulars |
| CPL 200.95 30-15-15 what do these numbers mean regarding this section? | 30- days to request a bill of particulars 15- days DA has to comply 15- DA had to say why they arent complying |
Want to create your own Flashcards for free with GoConqr? Learn more.