Creado por Emily Deragon
hace 2 meses
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CPL180.10
upon arraignment, what must the judge or clerk (in judges presence) inform the defendant of?
CPL 180.10
what must the defendant be given a copy of at the arraignment?
CPL 180.10
true or false?
the defendant has a right to a prompt hearing on whether or not there is sufficient evidence to hold him for the action of the grand jury
CPL 180.10
if a defendant appears at the arraignment with no lawyer he has the right to what 3 things? THE COURT MUST INFORM DEFENDANT OF THESE RIGHTS
CPL 180.10
at the arraignment the court MUST issue a securing order that does what 3 things?
CPL 180.10
what are the two purposes of a felony hearing?
CPL 180.20
Order of removal shall be issued. such order shall not take effect until how many days after the date order was issued?
CPL 180.30
if the defendant waives the felony hearing what must the court do?
CPL 180.40
where the local criminal court has held a defendant for the action of a grand jury the DA MAY at any time before_____ apply ex parte to the appropriate ____ court for an order directing that the felony complaint and other papers be sent back to the LCC for reconsideration of the action to be taken
CPL 180.50
The local criminal court MAY with consent of who? make inquiry as to whether the facts in the felony complaint may show defendant committed less than a felony
CPL 180.50
when the local criminal court makes inquiry whether the facts of a felony complaint may show defendant committed less than a felony and the court is satisfied that there is reasonable cause to believe that they did what can take place?
CPL 180.50
what types of felonies can the court not reduce?
CPL 180.50
a charge deemed reduced when a felony complaint is replaced with what 3 things?
CPL 180.50
if the felony complaint is replaced what must court do
CPL 180.60 hearing on felony complaint:
District attorney must conduct such hearing on behalf of who?
CPL 180.60 hearing on felony complaint:
Defendant MUST/MAY be present?
CPL 180.60 hearing on felony complaint:
Court MUST read complaint and supporting depositions unless?
CPL 180.60 hearing on felony complaint:
Each witness MAY/MUST testify under oath and MAY/MUST be cross examined by the other side?
CPL 180.60 Hearing on felony complaint:
people MAY/MUST call and examine witnesses and offer evidence?
CPL 180.60 hearing on felony complaint:
defendant MAY/MUST testify on his own behalf
CPL 180.60
court MAY/MUST allow defendant to call and examine witnesses
CPL 180.60 hearing on felony complaint:
is hear-say evidence permitted?
CPL 180.60 felony complaint hearing:
court MAY/MUST exclude the public on request of the defendant
CPL 180.60 hearing on felony complaint:
Hearing should be completed in one session and if necessary adjourn for ___ day(s)
CPL 180.60 hearing on felony complaint:
the people MAY/MUST
the defendant MAY/MUST
CPL 180.70
if the court believes defendant committed a felony it MAY/MUST order defendant held for the action of the grand jury
CPL 180.70
if the court does not believe defendant committed a felony but believes they committed an offense other than a felony they MAY/MUST reduce the charge
CPL 180.70
if the court believes that the defendant committed a felony as well as a non felony and they decide to reduce to charges, it DOES/DOESN'T order the defendant held for the action of the grand jury
CPL 180.70
if the court does not believe that the defendant committed any offense it must ___ and____ or ____
CPL 180.80 release of defendant from custody upon failure of timely disposition:
how long can someone that has a felony complaint filed against them in LCC or youth superior be held? what if the time includes a Saturday, Sunday, or legal holiday?
CPL 180.80
the court must ROR a defendant after 120 hrs or 144 hrs without disposition or commencement of a hearing unless what 2 things?
CPL 180.80
the court may not ROR a defendant id they are satisfied that the people have shown good cause why such an order of release should not be issued. Such good cause MUST consist of what?
CPL 180.85
true or false?
after the arraignment of a defendant upon a felony complaint other than criminally negligent homicide, manslaughter 2, aggravated murder and murder 1 the court on its own motion MAY terminate the prosecution of the charges in the felony complaint
CPL 180.85 termination of prosecution:
a motion to terminate prosecution may only be made for Count(S) that are not what?
170.70 is released for failure to replace what complaint?
180.80 is failure make a disposition or commence hearing regarding a what complaint?
CPL 180.85
if the parties consent to such termination on the return date of the motion the court SHALL enter what?
CPL 180.85
If the DA files what? the court on the return date of the motion MAY defer disposition of the motion for a period of how many days? and if during this time the count(s) of the felony complaint are presented to the grand jury or the counts are not disposed of in a timely manner the court on the return date of the motion shall deny the motion to end prosecution
CPL 180.85 termination:
is the defendants appearance in court required on the return date of this motion to terminate prosecution?
CPL 180.85 termination:
shall the period of delay between the filing of the motion to terminate and the deciding of this motion be considered a period of delay to CPL 30.30(speedy trial)?
Cpl 180.85
Should the time between filing a motion for termination and the decision on the motion be considered in computing the time within the people must be ready for trial?
CPL 180.85
where people indicate their intention to seek new indictment after termination order is issued, the court shall stay any sealing of the defendants records for a reasonable period not exceeding how many days?
CPL 180.85 termination
if a motion to terminate is denied, the moving party may not file new motion (same relief) for a period of how many months
CPL 180.80-1
when a defendant is held for an action of a grand jury, all relevant documents must be promptly transmitted from the local criminal court to who?
CPL 180.50
2. if the court believes the defendant committed a felony as well as a non felony it MAY knock down the charge to only the non-felony if it believes what 2 things?