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?
A clerk of the court
ADA (assistant DA)
such police officer or his agency
the judge
CPL 110.10 Person cannot be compelled to appear in LCC unless an accusatory instrument has been filed
A warrant of arrest and a summons are issued after the filing of an accusatory instrument
An appearance ticket is issued after the filing of an accusatory instrument
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
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?
warrant of arrest
summons
desk appearance ticket
warrant of arrest or summons
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:
an arrest made without a warrant
issuance and service upon him an appearance ticket
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)
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
CPL 120.30 A warrant of arrest is issued by the court where
the accusatory instrument has been filed
the defendant resides
there's an accessible magistrate
A probation or parole officer cannot execute a warrant of arrest
A warrant of arrest issued by a district court may be execute anywhere in the state
CPL 120.80 A warrant of arrest may be executed any day of the week, any hour of the day or night
A warrant of arrest is issued before the filing of an accusatory instrument
A warrant of arrest contains the date of the commission of the offense
A warrant of arrest may be issued after the filing of any accusatory instrument
Where the offense is charged is a simplified traffic infraction, a warrant of arrest may be issued after filing of an accusatory instrument
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)
A police officer
a LCC of the county
a peace officer
none of the above
A warrant of arrest may be executed ____
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
Which of the following is false? Warrant of arrest:
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
Relating to the issuance of a warrant of arrest, which of the following statements is not correct? The court:
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
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...
only in county of issuance
only in county of issuance or adjoining county
only in judicial department where issued
anywhere in the state
A report of the termination of action by conviction for a ___ offense shall be sufficient notice of sealing to the commissioner of the DCJS
criminal
non-criminal
Upon the termination of a criminal action or proceeding in favor of the accused, the arrest and prosecution shall be deemed a nullity
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
If fingerprints of an arrested person are taken, palm prints and a photograph must also be taken
After arrest and fingerprinting, 2 sets of fingerprints must be sent by police officer/agency to DCJS
After receipt of fingerprint report, officer or agency must deliver one copy to DA, and two copies to the court
Who provides a copy of the fingerprint report to the attorney for the defendant?
the court
the DA
DCJS
the police
A report of termination of action in favor of the accused is sufficient notice of sealing to the commissioner of DCJS
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
After arrest, defendant must be fingerprinted if charged with loitering
After arrest, defendant must be fingerprinted if charged with any felony (or a misdemeanor defined in PL)
After arrest, fingerprints shall be taken if unable to ascertain person's identity.
After arrest, fingerprints ___ be taken if identification given by person may not be accurate
MUST be taken
MAY be taken
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
DA
corporate counsel
the clerk
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:
a felony
any misdemeanor defined in PL
any misdemeanor defined outside PL
loitering for purposes of engaging in a prostitution offense
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
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)
A defendant must appear personally at arraignment
defendant must always be provided free counsel if unable to pay for counsel
A misdemeanor complaint may be used as the basis for prosecution in all cases
A securing order cannot release the defendant on his own recognizance
A defendant in custody awaiting grand jury action must be released on his own recognizance if grand jury has not acted within __ days
20
30
45
50
Generally, criminal pre-trial motions must be made within __ days after arraignment and before commencement of trial
an ACD is an admission of guilt
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
5 days not including sunday
5 days including sunday
10 days not including Sunday
14 days including sunday
Which of the following is false? At the time of arraignment, court must inform defendant:
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
If court does not make a final disposition at the arraignment, it must issue a securing order which:
releases defendant on his own recognizance
fixes bail for his future appearance
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
2
5
10
Generally, pre-trial motions must be made within __ days after arraignment and before the commencement of trial, whichever is sooner
15
An order to dismiss an accusatory instrument in the interests of justice may be issued upon motion of ___
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
