Emily Deragon
Quiz by , created about 1 month ago

Civil exam Criminal Procedure Law Quiz on CPL 110-170 test, created by Emily Deragon on 11/10/2024.

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Emily Deragon
Created by Emily Deragon about 1 month ago
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CPL 110-170 test

CPL 110-170 test

Question 1 of 52

1

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?

Select one of the following:

  • A clerk of the court

  • ADA (assistant DA)

  • such police officer or his agency

  • the judge

Explanation

Question 2 of 52

1

CPL 110.10 Person cannot be compelled to appear in LCC unless an accusatory instrument has been filed

Select one of the following:

  • True
  • False

Explanation

Question 3 of 52

1

A warrant of arrest and a summons are issued after the filing of an accusatory instrument

Select one of the following:

  • True
  • False

Explanation

Question 4 of 52

1

An appearance ticket is issued after the filing of an accusatory instrument

Select one of the following:

  • True
  • False

Explanation

Question 5 of 52

1

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

Select one of the following:

  • True
  • False

Explanation

Question 6 of 52

1

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?

Select one of the following:

  • warrant of arrest

  • summons

  • desk appearance ticket

  • warrant of arrest or summons

Explanation

Question 7 of 52

1

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:

Select one or more of the following:

  • an arrest made without a warrant

  • issuance and service upon him an appearance ticket

  • summons

Explanation

Question 8 of 52

1

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)

Select one of the following:

  • True
  • False

Explanation

Question 9 of 52

1

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

Select one of the following:

  • True
  • False

Explanation

Question 10 of 52

1

CPL 120.30 A warrant of arrest is issued by the court where

Select one of the following:

  • the accusatory instrument has been filed

  • the defendant resides

  • there's an accessible magistrate

Explanation

Question 11 of 52

1

A probation or parole officer cannot execute a warrant of arrest

Select one of the following:

  • True
  • False

Explanation

Question 12 of 52

1

A warrant of arrest issued by a district court may be execute anywhere in the state

Select one of the following:

  • True
  • False

Explanation

Question 13 of 52

1

CPL 120.80 A warrant of arrest may be executed any day of the week, any hour of the day or night

Select one of the following:

  • True
  • False

Explanation

Question 14 of 52

1

A warrant of arrest is issued before the filing of an accusatory instrument

Select one of the following:

  • True
  • False

Explanation

Question 15 of 52

1

A warrant of arrest contains the date of the commission of the offense

Select one of the following:

  • True
  • False

Explanation

Question 16 of 52

1

A warrant of arrest may be issued after the filing of any accusatory instrument

Select one of the following:

  • True
  • False

Explanation

Question 17 of 52

1

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

Select one of the following:

  • True
  • False

Explanation

Question 18 of 52

1

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)

Select one of the following:

  • A police officer

  • a LCC of the county

  • a peace officer

  • none of the above

Explanation

Question 19 of 52

1

A warrant of arrest may be executed ____

Select one of the following:

  • 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

Explanation

Question 20 of 52

1

Which of the following is false? Warrant of arrest:

Select one of the following:

  • 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

Explanation

Question 21 of 52

1

Relating to the issuance of a warrant of arrest, which of the following statements is not correct? The court:

Select one of the following:

  • 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

Explanation

Question 22 of 52

1

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...

Select one of the following:

  • only in county of issuance

  • only in county of issuance or adjoining county

  • only in judicial department where issued

  • anywhere in the state

Explanation

Question 23 of 52

1

A report of the termination of action by conviction for a ___ offense shall be sufficient notice of sealing to the commissioner of the DCJS

Select one of the following:

  • criminal

  • non-criminal

Explanation

Question 24 of 52

1

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

Select one of the following:

  • True
  • False

Explanation

Question 25 of 52

1

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

Select one of the following:

  • True
  • False

Explanation

Question 26 of 52

1

If fingerprints of an arrested person are taken, palm prints and a photograph must also be taken

Select one of the following:

  • True
  • False

Explanation

Question 27 of 52

1

After arrest and fingerprinting, 2 sets of fingerprints must be sent by police officer/agency to DCJS

Select one of the following:

  • True
  • False

Explanation

Question 28 of 52

1

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

Select one of the following:

  • True
  • False

Explanation

Question 29 of 52

1

Who provides a copy of the fingerprint report to the attorney for the defendant?

Select one of the following:

  • the court

  • the DA

  • DCJS

  • the police

Explanation

Question 30 of 52

1

A report of termination of action in favor of the accused is sufficient notice of sealing to the commissioner of DCJS

Select one of the following:

  • True
  • False

Explanation

Question 31 of 52

1

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

Select one of the following:

  • True
  • False

Explanation

Question 32 of 52

1

After arrest, defendant must be fingerprinted if charged with loitering

Select one of the following:

  • True
  • False

Explanation

Question 33 of 52

1

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

Select one of the following:

  • True
  • False

Explanation

Question 34 of 52

1

After arrest, fingerprints shall be taken if unable to ascertain person's identity.

Select one of the following:

  • True
  • False

Explanation

Question 35 of 52

1

After arrest, fingerprints ___ be taken if identification given by person may not be accurate

Select one of the following:

  • MUST be taken

  • MAY be taken

Explanation

Question 36 of 52

1

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

Select one of the following:

  • DA

  • corporate counsel

  • the clerk

  • none of the above

Explanation

Question 37 of 52

1

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:

Select one of the following:

  • a felony

  • any misdemeanor defined in PL

  • any misdemeanor defined outside PL

  • loitering for purposes of engaging in a prostitution offense

Explanation

Question 38 of 52

1

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

Select one of the following:

  • True
  • False

Explanation

Question 39 of 52

1

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)

Select one of the following:

  • True
  • False

Explanation

Question 40 of 52

1

A defendant must appear personally at arraignment

Select one of the following:

  • True
  • False

Explanation

Question 41 of 52

1

defendant must always be provided free counsel if unable to pay for counsel

Select one of the following:

  • True
  • False

Explanation

Question 42 of 52

1

A misdemeanor complaint may be used as the basis for prosecution in all cases

Select one of the following:

  • True
  • False

Explanation

Question 43 of 52

1

A securing order cannot release the defendant on his own recognizance

Select one of the following:

  • True
  • False

Explanation

Question 44 of 52

1

A defendant in custody awaiting grand jury action must be released on his own recognizance if grand jury has not acted within __ days

Select one of the following:

  • 20

  • 30

  • 45

  • 50

Explanation

Question 45 of 52

1

Generally, criminal pre-trial motions must be made within __ days after arraignment and before commencement of trial

Select one of the following:

  • 20

  • 30

  • 45

  • 50

Explanation

Question 46 of 52

1

an ACD is an admission of guilt

Select one of the following:

  • True
  • False

Explanation

Question 47 of 52

1

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

Select one of the following:

  • 5 days not including sunday

  • 5 days including sunday

  • 10 days not including Sunday

  • 14 days including sunday

Explanation

Question 48 of 52

1

Which of the following is false? At the time of arraignment, court must inform defendant:

Select one of the following:

  • 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

Explanation

Question 49 of 52

1

If court does not make a final disposition at the arraignment, it must issue a securing order which:

Select one or more of the following:

  • releases defendant on his own recognizance

  • fixes bail for his future appearance

Explanation

Question 50 of 52

1

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

Select one of the following:

  • 2

  • 5

  • 10

  • 20

Explanation

Question 51 of 52

1

Generally, pre-trial motions must be made within __ days after arraignment and before the commencement of trial, whichever is sooner

Select one of the following:

  • 15

  • 30

  • 45

  • 20

Explanation

Question 52 of 52

1

An order to dismiss an accusatory instrument in the interests of justice may be issued upon motion of ___

Select one of the following:

  • 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

Explanation

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