CPL 210 proceedings in superior court- filing of indictment to plea

210.05
what are the only 2 ways of prosecuting a case in superior court?

CPL 210.10
after an indictment is filed defendant must be what? how must they appear?

CPL 210.10
if the defendant is being held by the sheriff court must order sheriff to do what? How many days notice must court give any attorney representing defendant?

CPL 210.10
if defendant was held but then released on bail or RORed, court must give defendant and surety (bail bondsman) how many days notice?

CPL 210.10
if defendant fails to appear on noticed date court then issues what?

CPL 210.10
if the defendant has never been held what must court order? upon application of the DA, if court believes that the defendant will appear in response to a summons instead what MAY court issue? or do what?

CPL 210.10
Where is a superior court warrant executable? who can it be executed by?

Cpl 210.15
At an arraignment on indictment, what must court inform the defendant of (or cause him to be informed in its presence) ? What must DA give a copy of to defendant?

Cpl 210.15
Upon arraignment, court, unless it intends to make a final disposition must issue a securing order that does what 3 things?

CPL 210.16
If an indictment filed in superior court is related to a sexual offense, when does the victim have to request an HIV test of the defendant, and the court SHALL grant it if it would provide the victim with a psychological or medical benefit

CPL 210.16
the results of the HIV test SHALL be communicated to who?

CPL 210.16
who conducts the HIV test?

CPL 210.16
the request must be filed with the court prior to or within how many hours of the indictment or SCI being filed? however for good cause shown, the court may permit request to be filed within 6 months of the offense

CPL 210.16
when may the victim request a follow up testing and possible more testing if medically necessary?

CPL 210.16
how many follow up tests may the victim request?

CPL 210.16
how must the request for follow up test be made?

CPL 210.16
all papers and orders relating to requests for HIV tests shall be sealed by the court and not made available for any purpose except when?

CPL 210.16
within how many hours must HIV testing take place after an order issuing it?

CPL 210.16
HIV test results shall be made available to who?

CPL 210.16
what 7 people can see the HIV test results through redisclousure?

CPL 210.16
true or false?
any failure to comply with the provisions of this section shall not invalidate the indictment or the SCI

CPL 210.16
true or false
any test result MAY be used in any civil or criminal proceeding

CPL 210.20
after arraignment, the Court may, on the motion of who, dismiss the indictment or any count thereof on certain grounds

CPL 210.20
what are the 9 grounds the indictment can be dismissed? (1-4)

CPL 210.20
what are the 9 grounds the indictment can be dismissed? (5-9)

CPL 210.20
if after arraignment upon an indictment and upon motion of the defendant- the superior court finds evidence presented by the GJ was not legally sufficient to establish a lesser included offense what SHALL the court do?

Cpl 210.20
What if the GJ only found lesser charges to be legally sufficient and a petty offense was the only chargeable offense?

Cpl 210.20
A motion to dismiss indictment must be made when? (Except in regards to a speedy trial)

Cpl 210.20
True or false?
When a defendant files a motion to dismiss indictment he/she must raise every ground upon which he intends to challenge the indictment

Cpl 210.20
True or false?
After filing to dismiss an indictment, any further motions to dismiss which include grounds not raised in the first motion, MAY be summarily denied by court, however in interest of justice the court may still entertain motion

Cpl 210.20
If the motion to dismiss indictment is granted the court MAY allow the DA to resubmit the charge or charges to the same or another GJ for reconsideration, upon application of who?

Cpl 210.20
If the DA doesn't obtain authorization from the court to submit or resubmit does the order of dismissal become a bar to any further prosecution or charge(s), by indictment or otherwise in any criminal al court within county?

Cpl 210.20
If the court dismissed one or more counts of an indictment against a defendant under 16+criminally responsible, what happens to the remaining counts that haven't been dismissed?

Cpl 210.20
The effectiveness of an order reducing a count(s) or dismissing indictment shall be stayed for ___ days following the entry of such order. Unless what?

Cpl 210.20
After a 30 day stay for reduced charges or dismissing indictment court the people shall accept the courts order by doing what 3 things

Cpl 210.20
What if the DA fails to exercise one of these options.

Cpl 210.25
When is an indictment or count of an indictment defective?

Cpl 210.30
What must accompany a motion do dismiss an indictment or count(s) of indictment?

Cpl 210.30
A motion to inspect GJ minutes is filed by the defendant to do what?

Cpl 210.30
Unless good cause exists to deny motion to inspect GJ minutes the court MAY/MUST grant motion. The court must then do what?

Cpl 210.30
If the court feels there is no reasonable cause to believe the evidence before the GJ may have been legally sufficient it may in its discretion do what 2 things?

CPL 210.30
Court MUST/MAY place on the record its ruling on the motion to inspect

CPL 210.30
true or false?
the validity of an order denying any motion made pursuant to this section is not reviewable upon an appeal from a judgment of conviction based upon legally sufficient trial evidence

CPL 210.35
in what 5 situations is a grand jury proceeding defective

CPL 210.40
true or false?
the court MAY NOT dismiss an indictment without basis under the law

CPL 210.40
what 10 things will the court consider when it dismisses an indictment in the furtherance of justice? (1-5)

CPL 210.40
what 10 things will the court consider when it dismisses an indictment in the furtherance of justice? (6-10)

CPL 210.45
Motion to dismiss an indictment must be in what? it must be on notice to who?

CPL 210.45
if a motion to dismiss an indictment is based on facts, what must it have

CPL 210.45
in a motion to dismiss an indictment who has the burden of procing allegations of motion by?

CPL 210.45
true or false?
a preponderance of the evidence is more likely than not

CPL 210.46
if the last remaining charge in an indictment is a marijuana charge, the court MAY, on motion of the ____ ACD (adjourn in contemplation of dismissal)

CPL 210.47
if a indictment is reduced to just a misdemeanor when can the People (or defendant with consent of the other party or the court with consent of both the people and defendant) move to ACD?

CPL 210.50
true or false?
unless the indictment is dismissed, the defendant MUST enter a plea

CPL 210
if a defendant is free and an indictment is filed against them, may they appear on their own free will? how many days notice ?