Created by Emily Deragon
about 2 months ago
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CPL 30
timeline for prosecution of "A" felony including Rape 1, aggravated sexual abuse 1 or course of sexual conduct against a child or incest 1
CPL 30
timeline for prosecution of Rape 2, criminal sexual act 2, incest 2
CPL 30
timeline for prosecution of Rape 3, criminal sexual act 3
CPL 30
timeline for prosecution of any other felony
CPL 30
timeline for prosecution of a misdemeanor
CPL 30
timeline for prosecution of a petty offense
CPL 30
timeline for prosecution of larceny in violation of fiduciary office
CPL 30CPL 30
timeline for prosecution of misconduct in public office
CPL 30
timeline for prosecution of article 71, title 27- Environmental conservation law
CPL 30
timeline for prosecution of misdemeanor set for in the tax law or chapter 46 of the administrative code
CPL 30
timeline for prosecution of sexual offense as defines in PL 130.80
CPL 30
timeline for prosecution of certain sexual offense against a child
CPL 30
when a defendants whereabouts were unknown and unascertainable the period of limitations will not be extended no more the __ years beyond original time limitation
CPL 30.30
Motion to dismiss MAY/MUST be granted if the people are not ready for trial within following period of time of filing accusatory instrument
CPL 30.30
the people MUST be ready for trial within what time period after filing an accusatory instrument for a felony
CPL 30.30
the people MUST be ready for trial within what time period after filing an accusatory instrument for misdemeanor 'A' over 3 months
CPL 30.30
the people MUST be ready for trial within what time period after filing an accusatory instrument for misdemeanor 'B' up to 3 months
CPL 30.30
the people MUST be ready for trial within what time period after filing an accusatory instrument for petty offense
CPL 30.30
where the defendant has been committed to custody of sheriff, he must be released on bail or ROR when the people are not ready for trial within the following days after commencement of defendant's custody of sheriff: for a felony
CPL 30.30
where the defendant has been committed to custody of sheriff, he must be released on bail or ROR when the people are not ready for trial within the following days after commencement of defendant's custody of sheriff: for a misdemeanor 'A' over 3 months
CPL 30.30
where the defendant has been committed to custody of sheriff, he must be released on bail or ROR when the people are not ready for trial within the following days after commencement of defendant's custody of sheriff: misdemeanor 'b' up to 3 months
CPL 30.30
where the defendant has been committed to custody of sheriff, he must be released on bail or ROR when the people are not ready for trial within the following days after commencement of defendant's custody of sheriff: petty offense
CPL 30
in calculating time limitations does the time the defendants location couldn't be ascertained count?
CPL 30
prosecution for any felony defined in article PL 490 (terrorism) must be commenced within __ years after the commission. However, if the commission of such felony offense resulted in or created foreseeable risk of death or serious physical injury to another person, the prosecution may be commenced when?
CPL 30.20
after a criminal action is commenced, is a defendant entitled to a speedy trial?
CPL 30.20
so far as practical, the trial of a criminal action must be given preference over what type of cases?
CPL 30.20
the trial of a criminal action where the defendant is incarcerated must be given preference over what?
CPL 30.30
except when the crime of homicide under PL 125, the people must be ready for trial within certain specific time limitations, if not a __ to dismiss for lack of speedy trial MUST be granted
CPL 30
in computing time limitations for trial, what 10 situations are not included?
CPL 30
when prosecutors state they are ready for trial, must the court inquire on the record as to their actual readiness?
CPL 30
if after conduction inquiry, the court determines that the people are not ready to proceed to trial, should the prosecutors statement of readiness be valid?
CPL 30
all statements of readiness should be accompanied by what? what shall the defendant be given an opportunity to be heard on?
CPL 30
upon a LCC accusatory instrument, a statement of readiness shall not be valid unless what?
CPL 30
true or false?
a order finally denying a motion to dismiss shall be reviewable upon an appeal from judgment/conviction notwithstanding the fact that such judgment is entered upon a plea of guilty
CPL 30
where a defendant is to be tried following the withdrawal of the plea of guilty or is to be retried following a mistrial, an order for a new trial or an appeal, the criminal action and the commitment to the custody of the sheriff or the OCFS, if any, must be deemed to have commenced when?
where a defendant has been served with an appearance ticket, the criminal action must be deemed to have commenced when?
where a criminal action is commenced by filing a felony complaint and during the course of the action the felony complaint is replaced or converted to an information, prosecutors information, or a misdemeanor complaint, the period applicable as to when the people must be ready for trial must be calculated from when?
if more than __ months have passed from when the felony complaint was filed to the date of the new accusatory instrument was filed, then the period applicable to the felony complaint remains applicable and continues as if no new accusatory instrument has been filed
where a criminal action is commenced by filing a felony complaint, and during the course of action the felony complaint is replaced or converted to an information, prosecutors information, or misdemeanor complaint, the period applicable to when the people must be ready for trial must be calculated from the date of what? unless __ days have passed since defendant is committed to date of new accusatory instrument?
where a county of an indictment is reduced to charge only a misdemeanor or petty offense and prosecutors information is filed, the period applicable as to when the people must be ready for trial is calculated from when? unless __ months have passed from when the indictment was filed to the date of the new accusatory instrument
wher a count of an indictment is reduced to charge only a misdemeanor or petty offense and prosecutors information has been filed, the period applicable as to when the people must be ready for trial is calculated from the date of what? unless __ days have passed from when defendant committed to the date of the new accusatory instrument
true or false?
motion to dismiss an indictment is not applicable to a motion made pursuant when a defendant is committed. if, upon oral argument, a time period is in dispute, he court must promptly conduct a hearing in which the people must prove that the time period is excludable