39879131
Description
Flashcards by Emily Deragon, updated about 2 months ago
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Created by Emily Deragon
about 2 months ago
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| Question | Answer |
| CPL 280.10 At any time during the trial, court MUST declare a mistrial and order a new trial of the indictment under 3 motions of who? | 1. motion by defendant 2. motion by the people 3. upon motion of either party or upon courts own motion (sua sponte) |
| CPL 280.10 motion by the defendant | when a court declares mistrial by motion of the defendant where there occurs during a trial error or legal defect in the proceeding or conduct inside or outside the court room which is prejudicial to the defendant. |
| CPL 280.10 motion by the people | when this occurs during trial either inside or outside the courtroom, gross misconduct by the defendant or person acting on his behalf, or juror, resulting in prejudice to the people case against a particular defendant and that defendant was not responsible for the misconduct, it may not declare a mistrial as to that defendant |
| CPL 280.10 upon motion of either part or upon the courts own motion (sua sponte) | when it is physically impossible to proceed with the trial inconformity with the law, the court MUST declare a mistrial as well (ex: no more alternates and here are less than 12 jurors. in this case the court cannot continue with the trial according to law) |
| CPL 280.20 when a new trial results from a declaration of a mistrial, the indictment is restored to the "status" at the time the trial was ____. even though a count may have been dismissed during trial | commences (its like it never happened) |
| CPL 280.10 the court can declare a mistrial and order a new trial at what time in trial? | any time in trial under certain circumstances |
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