39904031
Description
Flashcards by Emily Deragon, updated about 1 month ago
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Created by Emily Deragon
2 months ago
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| Question | Answer |
| What makes an accusatory instrument "sufficient on its face"? | 1. conforms to the requirements of this article 2. allegations and supporting dispositions provide reasonable cause to believe that defendant committed the offense charged in the accusatory part of the information 3. non hearsay allegations, if true, establish every element of offenses charged |
| What happens if the court finds that an accusatory instrument is not sufficient on its face? | If a court determines that an accusatory instrument does not meet the requirements for sufficiency, the court must dismiss the accusatory instrument. |
| CPL 100.05 how is a criminal action commenced? | by the filing of an accusatory information with the criminal court |
| if more than one instrument is filed in the course of a criminal action, when does the action commence? | when the first instrument is filed |
| CPL 100.05 the only way in which a criminal action can be commenced in a superior court is (other than a criminal action against a juvenile offender or adolescent offender) is by filing therewith by a grand jury of a what? | an indictment by a grand jury against a defendant who has never been held by a LCC for the action of the grand jury |
| if an indictment isn't filed, what is another way an criminal action can be commenced? | filing a LCC accusatory instrument |
| what are the 5 LCC accusatory instruments | 1. an information 2. simplified information 3. prosecutors information 4. misdemeanor complaint 5. felony complaint |
| what are the two superior court instruments? | indictment and superior court information |
| define information | a verified written accusation by a person filed with LCC charging one or more persons with commission of an offense non of which is a felony. IT may be a basis for commencement of criminal action and for prosecution in LCC |
| Define simplified traffic information | is a written accusation by a police police officer or public servant authorized by law to issue the same. it charges a person with the commission of one or more traffic infractions and/or misdemeanors relating to traffic. IT serves as a basis for commencement of criminal action and may serve in while or in part of a basis for prosecution for those charges (can't charge felony) |
| define simplified parks information | written by park police officer. Basically the same as the traffic ticket |
| a prosecutors information is a written accusation by a district attorney filed with LCC in what 4 manners? | 1. direction of the grand jury 2. direction of LCC 3. district attorney's own instance 4. direction of superior court |
| true or false? prosecutors information serves as the basis for prosecution, only commences a criminal action at the direction of the grand jury to LCC. It can not charge felonies! | true |
| Define misdemeanor complaint: filed by who? | person; verified (signed) |
| Define misdemeanor complaint: filed where | LCC |
| Define misdemeanor complaint: charges what | one ore more offenses, NO FELONIES |
| Define misdemeanor complaint: does it serve as a basis for prosecution? | only when the defendant has waived prosecution by information |
| true or false? you always prosecute by some kind of information because it contains the information needed to do so. Complaints are just a person complaining, but without information behind it | true |
| felony complaint: filed by who? | person; verified (signed) |
| felony complaint: filed where? | the LCC or youth part of superior court |
| felony complaint: what does it charge? | one or more felonies |
| felony complaint: does it sere as the basis for commencement of criminal action | yes, but not as a basis for prosecution (you can not plead guilty to a felony complaint) |
| CPL 100.15 what 3 things must an information, misdemeanor complaint and felony complaint specify? | 1. name of the court with which it is filed 2. title of the action 3. must be subscribed (signed) and verified (sworn) by a person known as a complainant) |
| CPL 100.15 what are the requirements for a complainant filing a complaint? | may be any person having knowledge, whether personal or upon information and belief, of the commission of the offense(s) charged. |
| CPL 100.20 define supporting deposition | written instrument accompanying an information, simplified traffic information, misdemeanor complaint or felony complaint, subscribed (signed) or verified (sworn) by a person other than the complainant, which support or tend to support charge or charges contained in the instrument |
| when a person is charged by a simplified information, the appearance ticket must state "notice: you are entitled to receive supporting disposition further explaining the charges provided you request such supporting deposition within __ days from the date you are directed to appear in court as set forth on this appearance ticket. do you request a supporting deposition?" | 30 days |
| CPL 100.30 information, misdemeanor complaint, felony complaint, supporting deposition and proof of service of supporting deposition may be verified (sworn) in any of what 5 ways | 1. may be sworn to before court with which it is filed 2. may be sworn to before desk officer in charge at police station or police headquarters 3. may be sworn before public servant authorized to administer oath with respect to such instrument; example: court clerk 4. may be sworn to before a notary public 5. such instrument may bear a form notice that false statements are punishable as a class 'A' misdemeanor |
| CPL 100.50 if a superseding indictment is filed and it doesn't contain a charge filed in the original indictment, is that charge suspended? | no |
| CPL 100.55 the place which the offense was committed controls, so if an offense was committed in a village, where is an accusatory instrument filed? | in a village |
| CPL 100.55 any youth part of the superior court accusatory instrument may be filed where? | the youth part of superior court of a particular county when an offense charged therein was allegedly committed in such county or that any other place where that county has jurisdiction |
| CPL 100.25 supporting deposition must be furnished __ days within the request or at least __ days before trial | -30 -5 |
| what are the two parts of an accusatory instrument | The instrument must have both an accusatory part and a factual part. * **Accusatory Part:** This part identifies and formally charges the alleged offenses (e.g., robbery, assault). * **Factual Part:** This part provides a statement from the complainant (usually the victim or a witness) that alleges specific facts and evidence that support the charges. 2. **Compliance with CPL 140:** This section, according to the sources, outlines the requirements for ensuring every element of an information or a count within the information is supported by non-hearsay allegations. |
| true or false? a criminal action can be commenced by the filing of an accusatory instrument in the youth part of the superior court when a juvenile offender is charged with violation or traffic infraction | FALSE. except when charged with a violation or traffic infraction |
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