39858802
Description
Flashcards by Emily Deragon, updated about 2 months ago
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Created by Emily Deragon
2 months ago
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| Question | Answer |
| 210.05 what are the only 2 ways of prosecuting a case in superior court? | 1. indictment filed by grand jury 2. supreme court information filed by the DA |
| CPL 210.10 after an indictment is filed defendant must be what? how must they appear? | -must be arraigned upon it -he must appear personally |
| CPL 210.10 if the defendant is being held by the sheriff court must order sheriff to do what? How many days notice must court give any attorney representing defendant? | -court must order sheriff to produce defendant -court must give 2 days notice to any attorneys representing them |
| CPL 210.10 if defendant was held but then released on bail or RORed, court must give defendant and surety (bail bondsman) how many days notice? | 2 days |
| CPL 210.10 if defendant fails to appear on noticed date court then issues what? | bench warrant |
| CPL 210.10 if the defendant has never been held what must court order? upon application of the DA, if court believes that the defendant will appear in response to a summons instead what MAY court issue? or do what? | MUST order indictment sealed and issue a superior court warrant of arrest -MAY issue summons or allow DA to direct the defendant to appear |
| CPL 210.10 Where is a superior court warrant executable? who can it be executed by? | anywhere in the state, can be executed by police officer to who it is addressed or by any officer it delegates |
| Cpl 210.15 At an arraignment on indictment, what must court inform the defendant of (or cause him to be informed in its presence) ? What must DA give a copy of to defendant? | The charges against him and the DA must give the defendant a copy of the indictment |
| Cpl 210.15 Upon arraignment, court, unless it intends to make a final disposition must issue a securing order that does what 3 things? | 1. Fixes bail Or 2. RORs defendant 2. Commit defendant to the custody of sheriff |
| CPL 210.16 If an indictment filed in superior court is related to a sexual offense, when does the victim have to request an HIV test of the defendant, and the court SHALL grant it if it would provide the victim with a psychological or medical benefit | within 6 months of the crime |
| CPL 210.16 the results of the HIV test SHALL be communicated to who? | the victim and defendant |
| CPL 210.16 who conducts the HIV test? | the state, county, or local health department officer designated by the order of the court |
| CPL 210.16 the request must be filed with the court prior to or within how many hours of the indictment or SCI being filed? however for good cause shown, the court may permit request to be filed within 6 months of the offense | 48 hours |
| CPL 210.16 when may the victim request a follow up testing and possible more testing if medically necessary? | at any stage in the action within 6 months of the date of the crimes charged and prior to the final disposition of the indictment of SCI |
| CPL 210.16 how many follow up tests may the victim request? | only 1 follow up test |
| CPL 210.16 how must the request for follow up test be made? | in writing |
| CPL 210.16 all papers and orders relating to requests for HIV tests shall be sealed by the court and not made available for any purpose except when? | as may be necessary for the conduct of judicial proceedings. All of these proceedings are held in camera |
| CPL 210.16 within how many hours must HIV testing take place after an order issuing it? | 48 hours from the date of the order |
| CPL 210.16 HIV test results shall be made available to who? | the victim or person making the application on behalf of the victim |
| CPL 210.16 what 7 people can see the HIV test results through redisclousure? | 1. the defendant 2. victims immediate family 3. guardian 4. physicians 5. attorneys 6. medical or mental health providers 7. past and future contacts (who may be at risk for HIV transmission) |
| CPL 210.16 true or false? any failure to comply with the provisions of this section shall not invalidate the indictment or the SCI | true |
| CPL 210.16 true or false any test result MAY be used in any civil or criminal proceeding | FALSE and test result may NOT be used in any civil or criminal proceeding |
| CPL 210.20 after arraignment, the Court may, on the motion of who, dismiss the indictment or any count thereof on certain grounds | motion of the defendant |
| CPL 210.20 what are the 9 grounds the indictment can be dismissed? (1-4) | 1. such indictment or count is defective 2. the evidence before the grand jury was legally insufficient to establish offense 3. the GJ proceeding was defective (less than 12 agree) 4. defendant has immunity with respect to offense charged 5. |
| CPL 210.20 what are the 9 grounds the indictment can be dismissed? (5-9) | 5. prosecution is barred by previous prosecution (refereed to as double jeopardy) 6. prosecution is untimely 7. defendant was denied right to speedy trial 8. jurisdictional defect to conviction- there exist some other jurisdictional impediment 9. interest of justice |
| CPL 210.20 if after arraignment upon an indictment and upon motion of the defendant- the superior court finds evidence presented by the GJ was not legally sufficient to establish a lesser included offense what SHALL the court do? | the court shall order the counts reduced to the greatest lesser included offense |
| Cpl 210.20 What if the GJ only found lesser charges to be legally sufficient and a petty offense was the only chargeable offense? | Court shall order the indictment dismissed and a prosecutors info filed in LCC instead. The petty offense cannot survive in indictment (must charge crime) |
| Cpl 210.20 A motion to dismiss indictment must be made when? (Except in regards to a speedy trial) | Prior to commencement of trial or any entry of a pleading of guilty |
| Cpl 210.20 True or false? When a defendant files a motion to dismiss indictment he/she must raise every ground upon which he intends to challenge the indictment | True |
| Cpl 210.20 True or false? After filing to dismiss an indictment, any further motions to dismiss which include grounds not raised in the first motion, MAY be summarily denied by court, however in interest of justice the court may still entertain motion | True |
| Cpl 210.20 If the motion to dismiss indictment is granted the court MAY allow the DA to resubmit the charge or charges to the same or another GJ for reconsideration, upon application of who? | The DA |
| Cpl 210.20 If the DA doesn't obtain authorization from the court to submit or resubmit does the order of dismissal become a bar to any further prosecution or charge(s), by indictment or otherwise in any criminal al court within county? | Yes |
| Cpl 210.20 If the court dismissed one or more counts of an indictment against a defendant under 16+criminally responsible, what happens to the remaining counts that haven't been dismissed? | The court SHALL direct that such counts be removed to the family court |
| Cpl 210.20 The effectiveness of an order reducing a count(s) or dismissing indictment shall be stayed for ___ days following the entry of such order. Unless what? | -30 days - unless such stay is otherwise waived by the DA |
| Cpl 210.20 After a 30 day stay for reduced charges or dismissing indictment court the people shall accept the courts order by doing what 3 things | 1. Filing a reduced indictment 2. Dismissing the indictment and file a protectors info 3. File an indictment containing any count(s) remaining after dismissal of the count(s) charging murder 1 |
| Cpl 210.20 What if the DA fails to exercise one of these options. | The court order shall take effect and DA must accept it |
| Cpl 210.25 When is an indictment or count of an indictment defective? | It does not substantially conform with the requirements as indicated in cpl 200. However an indictment may not be dismissed as defective, but must instead be amended where the defect or irregularity is curable if the DA moves for amendment |
| Cpl 210.30 What must accompany a motion do dismiss an indictment or count(s) of indictment? | Grand jury minutes |
| Cpl 210.30 A motion to inspect GJ minutes is filed by the defendant to do what? | See if the evidence before the Gj were legally sufficient to support the charges contained in the indictment |
| Cpl 210.30 Unless good cause exists to deny motion to inspect GJ minutes the court MAY/MUST grant motion. The court must then do what? | MUST grant motion to inspect gj minutes. It must then review minutes and make a determination as to dismissing or reducing the indictment |
| Cpl 210.30 If the court feels there is no reasonable cause to believe the evidence before the GJ may have been legally sufficient it may in its discretion do what 2 things? | 1. Deny the motion to inspect and tbr motion to dismiss or reduce OR 2. Grant the motion to inspect and proceed to examine the minutes and determine to dismiss or reduce |
| CPL 210.30 Court MUST/MAY place on the record its ruling on the motion to inspect | MUST |
| CPL 210.30 true or false? the validity of an order denying any motion made pursuant to this section is not reviewable upon an appeal from a judgment of conviction based upon legally sufficient trial evidence | true |
| CPL 210.35 in what 5 situations is a grand jury proceeding defective | 1. the grand jury was illegally constituted 2. the proceeding conducted before fewer than 16 Grand jurors 3. fewer than 12 grand jurors concur in the finding of the indictment 4. the defendant is not afforded an opportunity to appear and testify before the grand jury as per CPL 190.50 5. the proceeding fails to conform to the requirements of CPL 190 to the point that the integrity is impaired and prejudice to the defendant may result |
| CPL 210.40 true or false? the court MAY NOT dismiss an indictment without basis under the law | false, they can dismiss the indictment in furtherance of justice |
| CPL 210.40 what 10 things will the court consider when it dismisses an indictment in the furtherance of justice? (1-5) | 1. the seriousness and circumstance of the offense 2. the extent of harm caused by the offense 3. the evidence of guilt; is it admissible or inadmissible at trial? 4. the history, character, and condition of the defendant 5. any serious misconduct of law enforcement during the investigation |
| CPL 210.40 what 10 things will the court consider when it dismisses an indictment in the furtherance of justice? (6-10) | 6. what purpose or effect would a sentence cause on the defendant 7. the impact of a dismissal upon the public or community 8. the attitude of the complainant or victim with the respect to the motion to dismiss 9. any other reason the court can think of 10. in the interest of justice |
| CPL 210.45 Motion to dismiss an indictment must be in what? it must be on notice to who? | in writing and on notice to the people (DA) |
| CPL 210.45 if a motion to dismiss an indictment is based on facts, what must it have | sworn statement of the defendant or others |
| CPL 210.45 in a motion to dismiss an indictment who has the burden of procing allegations of motion by? | the defendant |
| CPL 210.45 true or false? a preponderance of the evidence is more likely than not | true |
| CPL 210.46 if the last remaining charge in an indictment is a marijuana charge, the court MAY, on motion of the ____ ACD (adjourn in contemplation of dismissal) | on motion of the defendant |
| CPL 210.47 if a indictment is reduced to just a misdemeanor when can the People (or defendant with consent of the other party or the court with consent of both the people and defendant) move to ACD? | upon or after the arraignment but before the plea of guilty |
| CPL 210.50 true or false? unless the indictment is dismissed, the defendant MUST enter a plea | TRUE |
| CPL 210 if a defendant is free and an indictment is filed against them, may they appear on their own free will? how many days notice ? | yes with 2 days notice |
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