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CPL 110-170 test

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Civil exam Criminal Procedure Law Quiz on CPL 110-170 test, created by Emily Deragon on 11/10/2024.
Emily Deragon
Quiz by Emily Deragon, updated about 2 months ago
Emily Deragon
Created by Emily Deragon about 2 months ago
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Resource summary

Question 1

Question
CPL 110.20 Other than NYC, if a police or peace officer is complainant or filer of a simplified information or has arrested defendant or has brought a defendant to LCC on behalf of the arresting person, who is responsible for transmitting a copy of the accusatory instrument to the DA?
Answer
  • A clerk of the court
  • ADA (assistant DA)
  • such police officer or his agency
  • the judge

Question 2

Question
CPL 110.10 Person cannot be compelled to appear in LCC unless an accusatory instrument has been filed
Answer
  • True
  • False

Question 3

Question
A warrant of arrest and a summons are issued after the filing of an accusatory instrument
Answer
  • True
  • False

Question 4

Question
An appearance ticket is issued after the filing of an accusatory instrument
Answer
  • True
  • False

Question 5

Question
The purpose of a warrant of arrest (issued after the filing of an accusatory instrument) is to bring the defendant to the court for arraignment
Answer
  • True
  • False

Question 6

Question
Which of the following is false? A court may compel a defendant to appear for arraignment upon an accusatory instrument that has been filed which of the following methods?
Answer
  • warrant of arrest
  • summons
  • desk appearance ticket
  • warrant of arrest or summons

Question 7

Question
Prior to the commencement of a criminal action, a person may be compelled to appear in LCC for arraignment upon an accusatory instrument to be filed at or before his appearance by:
Answer
  • an arrest made without a warrant
  • issuance and service upon him an appearance ticket
  • summons

Question 8

Question
Upon request of DA, court may authorize DA to direct the defendant to appear for arraignment if it is satisfied the defendant will do so (instead of issuing a warrant or summons)
Answer
  • True
  • False

Question 9

Question
CPL 120.90 When a juvenile offender is arrested, the arresting officer must immediately notify the parent or other person legally responsible for his care, or the person with whom he is domiciled
Answer
  • True
  • False

Question 10

Question
CPL 120.30 A warrant of arrest is issued by the court where
Answer
  • the accusatory instrument has been filed
  • the defendant resides
  • there's an accessible magistrate

Question 11

Question
A probation or parole officer cannot execute a warrant of arrest
Answer
  • True
  • False

Question 12

Question
A warrant of arrest issued by a district court may be execute anywhere in the state
Answer
  • True
  • False

Question 13

Question
CPL 120.80 A warrant of arrest may be executed any day of the week, any hour of the day or night
Answer
  • True
  • False

Question 14

Question
A warrant of arrest is issued before the filing of an accusatory instrument
Answer
  • True
  • False

Question 15

Question
A warrant of arrest contains the date of the commission of the offense
Answer
  • True
  • False

Question 16

Question
A warrant of arrest may be issued after the filing of any accusatory instrument
Answer
  • True
  • False

Question 17

Question
Where the offense is charged is a simplified traffic infraction, a warrant of arrest may be issued after filing of an accusatory instrument
Answer
  • True
  • False

Question 18

Question
CPL 120.70 Warrant of arrest issued by city, town, or village court can be execute in county of issuance of adjoining county (or anywhere in NYS upon the written endorsement of ___ in which arrest is to be made)
Answer
  • A police officer
  • a LCC of the county
  • a peace officer
  • none of the above

Question 19

Question
A warrant of arrest may be executed ____
Answer
  • only on business days
  • any day of the week, except Sunday
  • any day of the week, during daylight hours
  • any day of the week, any hour of day or night

Question 20

Question
Which of the following is false? Warrant of arrest:
Answer
  • is issued by a LCC after the filing of an accusatory instrument
  • directs a police officer (or peace officer appointed by the state university) to arrest a defendant and bring him to court for arraignment
  • is signed by the issuing police or peace officer
  • contains the date of issuance of the warrant

Question 21

Question
Relating to the issuance of a warrant of arrest, which of the following statements is not correct? The court:
Answer
  • must issue warrant of arrest after filing of an accusatory instrument
  • may refuse to issue a warrant if not satisfied there is reasonable cause to believe that defendant committed the offense
  • may not issue a warrant of arrest if it is satisfied that the defendant will respond to a summons
  • may authorize DA to direct defendant to appear for arraignment if it is satisfied defendant will do so instead of a warrant of arrest or summons

Question 22

Question
Choose the best answer. A warrant of arrest issued by a district court, NYC criminal court or a superior court judge sitting as a LCC can be executed...
Answer
  • only in county of issuance
  • only in county of issuance or adjoining county
  • only in judicial department where issued
  • anywhere in the state

Question 23

Question
A report of the termination of action by conviction for a ___ offense shall be sufficient notice of sealing to the commissioner of the DCJS
Answer
  • criminal
  • non-criminal

Question 24

Question
Upon the termination of a criminal action or proceeding in favor of the accused, the arrest and prosecution shall be deemed a nullity
Answer
  • True
  • False

Question 25

Question
Upon the termination of a criminal action or proceeding in favor of the accused, the accused shall be restored, in contemplation of law, to the status he occupied before arrest and prosecution
Answer
  • True
  • False

Question 26

Question
If fingerprints of an arrested person are taken, palm prints and a photograph must also be taken
Answer
  • True
  • False

Question 27

Question
After arrest and fingerprinting, 2 sets of fingerprints must be sent by police officer/agency to DCJS
Answer
  • True
  • False

Question 28

Question
After receipt of fingerprint report, officer or agency must deliver one copy to DA, and two copies to the court
Answer
  • True
  • False

Question 29

Question
Who provides a copy of the fingerprint report to the attorney for the defendant?
Answer
  • the court
  • the DA
  • DCJS
  • the police

Question 30

Question
A report of termination of action in favor of the accused is sufficient notice of sealing to the commissioner of DCJS
Answer
  • True
  • False

Question 31

Question
Generally, unless otherwise required, no person in whose favor a criminal action was terminated shall be required to divulge information pertaining to the arrest or prosecution
Answer
  • True
  • False

Question 32

Question
After arrest, defendant must be fingerprinted if charged with loitering
Answer
  • True
  • False

Question 33

Question
After arrest, defendant must be fingerprinted if charged with any felony (or a misdemeanor defined in PL)
Answer
  • True
  • False

Question 34

Question
After arrest, fingerprints shall be taken if unable to ascertain person's identity.
Answer
  • True
  • False

Question 35

Question
After arrest, fingerprints ___ be taken if identification given by person may not be accurate
Answer
  • MUST be taken
  • MAY be taken

Question 36

Question
Generally (except for ACD in marijuana cases), when a criminal action terminates in favor of the accused and unless the court orders otherwise, record of the proceeding shall be sealed by___ who must notify DCJS and heads of appropriate police departments that the record has been sealed
Answer
  • DA
  • corporate counsel
  • the clerk
  • none of the above

Question 37

Question
Which of the following statements is false? Following an arrest, or following arraignment upon a LCC accusatory instrument, a defendant must be fingerprinted where accusatory instrument charges:
Answer
  • a felony
  • any misdemeanor defined in PL
  • any misdemeanor defined outside PL
  • loitering for purposes of engaging in a prostitution offense

Question 38

Question
Generally, if a 16 or 17 year old is charged with PL 230 (prostitution) or PL 240.37 (loitering for prostitution) the LCC may not dismiss the charge in the interests of justice. This does not apply where charge is loitering for the purpose of patronizing a prostitute
Answer
  • True
  • False

Question 39

Question
If a youth is not in compliance during the pendency or disposition of the PINS proceeding, court may, upon application of the people, restore the accusatory instrument. (notice of such application must be served on person and his or her counsel by the court)
Answer
  • True
  • False

Question 40

Question
A defendant must appear personally at arraignment
Answer
  • True
  • False

Question 41

Question
defendant must always be provided free counsel if unable to pay for counsel
Answer
  • True
  • False

Question 42

Question
A misdemeanor complaint may be used as the basis for prosecution in all cases
Answer
  • True
  • False

Question 43

Question
A securing order cannot release the defendant on his own recognizance
Answer
  • True
  • False

Question 44

Question
A defendant in custody awaiting grand jury action must be released on his own recognizance if grand jury has not acted within __ days
Answer
  • 20
  • 30
  • 45
  • 50

Question 45

Question
Generally, criminal pre-trial motions must be made within __ days after arraignment and before commencement of trial
Answer
  • 20
  • 30
  • 45
  • 50

Question 46

Question
an ACD is an admission of guilt
Answer
  • True
  • False

Question 47

Question
Generally, if a misdemeanor complaint is pending and the defendant is in custody, defendant must be released on his own recognizance after __ days of confinement
Answer
  • 5 days not including sunday
  • 5 days including sunday
  • 10 days not including Sunday
  • 14 days including sunday

Question 48

Question
Which of the following is false? At the time of arraignment, court must inform defendant:
Answer
  • that he has a right to have free counsel assigned to his case
  • that conviction or plea of guilty to traffic offense would subject defendant to suspension and revocation of license and registration
  • that he has a right to supporting deposition to be filled where charge is simplified traffic information
  • that he may not be prosecuted on a misdemeanor complaint unless he consents or the misdemeanor complaint is replaced with an information

Question 49

Question
If court does not make a final disposition at the arraignment, it must issue a securing order which:
Answer
  • releases defendant on his own recognizance
  • fixes bail for his future appearance

Question 50

Question
In a county outside a city with a population of 1 million or more, court may (upon motion of the defendant and with DA consent) order action removed to another criminal court in the same county which has been designated a drug court by Chief Administrator of Courts. Such removal shall not take effect until __ days after date order is issued
Answer
  • 2
  • 5
  • 10
  • 20

Question 51

Question
Generally, pre-trial motions must be made within __ days after arraignment and before the commencement of trial, whichever is sooner
Answer
  • 15
  • 30
  • 45
  • 20

Question 52

Question
An order to dismiss an accusatory instrument in the interests of justice may be issued upon motion of ___
Answer
  • the people, or upon motion of the court, or upon motion of the defendant
  • the court only
  • the court or upon motion of the defendant only
  • the defendant or upon motion of the people only
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