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Erstellt von Emily Deragon
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What makes an accusatory instrument "sufficient on its face"?
What happens if the court finds that an accusatory instrument is not sufficient on its face?
CPL 100.05
how is a criminal action commenced?
if more than one instrument is filed in the course of a criminal action, when does the action commence?
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?
if an indictment isn't filed, what is another way an criminal action can be commenced?
what are the 5 LCC accusatory instruments
what are the two superior court instruments?
define information
Define simplified traffic information
define simplified parks information
a prosecutors information is a written accusation by a district attorney filed with LCC in what 4 manners?
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!
Define misdemeanor complaint: filed by who?
Define misdemeanor complaint: filed where
Define misdemeanor complaint: charges what
Define misdemeanor complaint: does it serve as a basis for prosecution?
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
felony complaint: filed by who?
felony complaint: filed where?
felony complaint: what does it charge?
felony complaint: does it sere as the basis for commencement of criminal action
CPL 100.15
what 3 things must an information, misdemeanor complaint and felony complaint specify?
CPL 100.15
what are the requirements for a complainant filing a complaint?
CPL 100.20
define supporting deposition
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?"
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
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?
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?
CPL 100.55
any youth part of the superior court accusatory instrument may be filed where?
CPL 100.25
supporting deposition must be furnished __ days within the request or at least __ days before trial
what are the two parts of an accusatory instrument
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
