CPL 190- Grand Jury and its proceedings

CPL 190 grand jury and its proceedings:
190.05
How many people are impaneled by the superior court?

CPL 190.05
what does the grand jury do?

CPL 190.10
who determines the number of panels and terms of service of the grand jury?

CPl 190.10
who can issue an order convening a grand jury panel for an extraordinary term

CPL 190.15
Grand jury serves for the term _____ and up to and including the _____ of the next term

CPL 190.15
the court MAY extend the term on declaration of who? that business is unfinished? How many days notice?

CPL 190.15
the court MAY/MUST (if the grand jury is in recess) at the request of the DA or the defendant being held for an action of the Grand Jury in LCC, order such Grand Jury reconvened for the purpose of dealing with a matter requiring grand jury action

CPL 190.20
what type of law governs the method of selecting grand jurors and of drawing and impaneling grand jurors

CPL 190.20
neither an individual grand juror nor the panel may be challenged However the court may do what two things?

CPL 190.20
after a grand jury is impaneled court must appoint who?

190.20
after a grand jury is impaneled court must have the grand jurors elect who to keep records of their business?

190.20
after a grand jury is impaneled court must swear in the grand jury. Who are they sworn in by?

190.20
after a grand jury is impaneled court must give what kind of instructions of this article to each grand juror and instructions relating to what?

CPL 190.20
if 2 or more grand juries are impaneled at the same time the court may transfer what?

190.25
what does the grand jury do RIP

190.25
grand juries must have a least how many members to conduct proceeding? How many have to agree in order to RIP?

CPL 190.25
who can administer an oath to a witness

CPL 190.25
only grand jurors can be present in the room during deliberations and voting. What is the exception to this?

CPL 190. 25
at all other times besides deliberations and voting what 9 people/groups may be present in the room?

CPL 190.25
grand jury proceedings are secret. no person, except on ____ can disclose any testimony, evidence, result or decision

CPL 190.25
if during testimony before grand jury, prosecutor discovers a child is being abuse or maltreated he MUST apply to court supervising proceedings for a what? the Court MUST/MAY grant it.

CPL 190.25
the grand jury is the exclusive judge of what?

CPL 190.25
legal advisors of the grand jury are the ___ and the ____. No one else

CPL 190.25
the court or district attorney instruct the grand jury on the law. it must be on the what?

CPL 190.32
define child witness

CPL 190.32
define special witness

CPL 190.32
define operator

CPL 190.32
in lieu of requiring child witness to appear before the grand jury, DA MAY cause testimony to be what?

CPL 190.32
If DA believes a witness will be a special witness, it can make an ___ application asking the court to allow the special witness to be videotaped. the application must be to the ___ in ____, detailing _____ either by the DA or another person to support such facts

CPL 190.32
if the special witness recording is made the DA must make a recorded statement at the begging of the tape stating what? and identify who?

CPL 190.32
if a recording is of a child where and what time can it be done?

CPL 190.32
when a child OR special witness testifies by video, what must appear next to them?

CPL 190.32
a phycologist, rape crisis counselor, social worker, doctor, nurse, or medical assistant may be present if necessary in the video. if they have not taken an oath of office they must do what? if witness is giving sworn testimony, the oath must be what?

190.40 witnesses:
every witness MAY/MUST give evidence legally requested, regardless of whether or not he thinks it will incriminate him

CPL 190.40 witnesses:
witnesses testifying before a grand jury receives immunity unless what 3 things?

190.45 waiver of immunity:
what is a waiver of immunity?

CPL 190.45
the waiver of immunity must be sworn before who?

CPL 190.45
person being asked to waive immunity has the right to confer with who? and MUST be given an opportunity to consult with an ____ of his choosing

CPL 190.45
if a waiver of immunity is limited to certain subject and the DA asks about other subject will the witness still have immunity as to those other subjects?

190.50
DA has the right to call anyone is believes to possess what?

CPL 190.50
the Grand Jury can call anyone it believes to have _____. it directs the DA to prepare a subpoena for the witness. The DA MAY/MUST apply for a court order vacating such direction or subpoena if they believe it is in the publics best interest

CPL 190.50
When the DA applies for a court order vacating direction for a subpoena of a witness the court MAY/MUST vacate the subpoena

CPL 190.50
the DA MAY/MUST demand that a witness called by the grand jury sign a waiver of immunity before being sworn and upon such demand, no oath may be administered to such witness unless and until he complies

CPL 190.50
the defendant has the right to appear as a witness on his own behalf if what 2 things?

CPL 190.50
if an indictments or direction to file a prosecutor's information obtained in violation of the provisions mentioned above is invalid and must be dismissed provided that ____

CPL 190.50
the defendant can request in ___ or _____ that the grand jury call as a witness someone of his choosing

190.50
true or false?
except as listed otherwise, no person has he right to call witness or appear as a witness in a grand jury proceeding

190.52
any witness who waives right to immunity has the right to have who in the grand jury room during questioning? They are only there to do what?

CPL 190.55
District attorneys are require or authorized to submit evidence to grand juries under what 3 circumstances?

CPL 190.60
At the end of grand jury voting the grand jury MUST do one of the following 5 things.
What are the 5 things?
DRIPP

CPL 190.65
an indictment authorized when the evidence is legally ___ to establish that person _____ AND the evidence must be competent and _____

CPL 190.65
Grand Jury MUST/MAY through its ____ file the indictment with the court which impaneled it

CPL 190.65
in order to indict evidence must be what 2 things??

CPL 190.70
the grand jury can direct who to file a prosecutors information?

CPL 190.70
the prosecutors info can charge a person with what? other than a what? in LCC, provided that evidence was legally sufficient to prove person committed offense and competent and admissible

CPL 190.70
if the rand jury directs the DA to file a prosecutors info who must it be signed by?

CPL 190.70
the court receiving direction to file a prosecutors info MUST/MAY issue an order approving such direction and ordering the DA to file prosecutors information

CPL 190.71 removal to family court:
grand jury cannot indict person under what age for anything other than Murder 2 and a sexually motivated felony?

190.71 removal to family court:
true or false?
the grand jury can indict a person for a crime they are not criminally responsible for

190.71
when a grand jury requests removal to family court what 3 things must the request allege?

CPL 190.71
if the grand jury files a request for removal to family court, the court MAY/MUST issue an order transferring the matter to family Court. Unless what?

CPL 190.75 dismissal of a charge:
in what two situations MUST a grand jury dismiss a charge? Who do they dismiss the charge through?

CPL 190.75
when charges are dismissed and the defendant is being held what two things MUST happen?

CPL 190.80
after the felony hearing has commenced, and a person is being held for an action of the grand jury pursuant to filing of LCC accusatory instrument, how many days can they be held without a grand jury action?

CPL 190.80
how many days can a juvenile offender be held without the occurrence of a grand jury action (if felony hearing was commenced)

CPL 190.80
the defendant must be RORed without the occurrence of a grand jury action after 45/30 days unless what two things?

CPL 190.85
the grand jury MAY submit to the court that impaneled it a report about what 3 things?