39903283
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 30 timeline for prosecution of "A" felony including Rape 1, aggravated sexual abuse 1 or course of sexual conduct against a child or incest 1 | at any time |
| CPL 30 timeline for prosecution of Rape 2, criminal sexual act 2, incest 2 | 20 years after commission thereof or 10 years from when reported to law enforcement, whichever occurs first |
| CPL 30 timeline for prosecution of Rape 3, criminal sexual act 3 | 10 years after the commission thereof |
| CPL 30 timeline for prosecution of any other felony | 5 years |
| CPL 30 timeline for prosecution of a misdemeanor | 2 years |
| CPL 30 timeline for prosecution of a petty offense | 1 year |
| CPL 30 timeline for prosecution of larceny in violation of fiduciary office | within 1 year of discovery (F1DUC1ARY) |
| CPL 30CPL 30 timeline for prosecution of misconduct in public office | during term in office or within 5 years after end of service but no more than 5 years beyond SOL of that offense (public office, shaking hands, 5 fingers on a hand) |
| CPL 30 timeline for prosecution of article 71, title 27- Environmental conservation law | within 4 years of discovery (tree huggers, tree has 4 letters) |
| CPL 30 timeline for prosecution of misdemeanor set for in the tax law or chapter 46 of the administrative code | within 3 years of commission (tax has 3 letters) |
| CPL 30 timeline for prosecution of sexual offense as defines in PL 130.80 | within 5 years of the commission of the most recent act of sexual misconduct |
| CPL 30 timeline for prosecution of certain sexual offense against a child | limitation shall not begin to run until the child has reached the age of 23 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier |
| CPL 30 when a defendants whereabouts were unknown and unascertainable the period of limitations will not be extended no more the __ years beyond original time limitation | 5 years. (example: sol is 2 year, 2+5=7) |
| CPL 30.30 Motion to dismiss MAY/MUST be granted if the people are not ready for trial within following period of time of filing accusatory instrument | MUST |
| CPL 30.30 the people MUST be ready for trial within what time period after filing an accusatory instrument for a felony | 6 months |
| CPL 30.30 the people MUST be ready for trial within what time period after filing an accusatory instrument for misdemeanor 'A' over 3 months | 90 days |
| CPL 30.30 the people MUST be ready for trial within what time period after filing an accusatory instrument for misdemeanor 'B' up to 3 months | 60 days |
| CPL 30.30 the people MUST be ready for trial within what time period after filing an accusatory instrument for petty offense | 30 days (6 months, 90, 60, 30!) |
| CPL 30.30 where the defendant has been committed to custody of sheriff, he must be released on bail or ROR when the people are not ready for trial within the following days after commencement of defendant's custody of sheriff: for a felony | 90 days |
| CPL 30.30 where the defendant has been committed to custody of sheriff, he must be released on bail or ROR when the people are not ready for trial within the following days after commencement of defendant's custody of sheriff: for a misdemeanor 'A' over 3 months | 30 days |
| CPL 30.30 where the defendant has been committed to custody of sheriff, he must be released on bail or ROR when the people are not ready for trial within the following days after commencement of defendant's custody of sheriff: misdemeanor 'b' up to 3 months | 15 days |
| CPL 30.30 where the defendant has been committed to custody of sheriff, he must be released on bail or ROR when the people are not ready for trial within the following days after commencement of defendant's custody of sheriff: petty offense | 5 days (90, 30, 15, 5!) |
| CPL 30 in calculating time limitations does the time the defendants location couldn't be ascertained count? | no, however time period cannot be extended by more than 5 years |
| CPL 30 prosecution for any felony defined in article PL 490 (terrorism) must be commenced within __ years after the commission. However, if the commission of such felony offense resulted in or created foreseeable risk of death or serious physical injury to another person, the prosecution may be commenced when? | -8 year (TE88O8ISM) -Any time |
| CPL 30.20 after a criminal action is commenced, is a defendant entitled to a speedy trial? | yes |
| CPL 30.20 so far as practical, the trial of a criminal action must be given preference over what type of cases? | civil |
| CPL 30.20 the trial of a criminal action where the defendant is incarcerated must be given preference over what? | other criminal actions |
| CPL 30.30 except when the crime of homicide under PL 125, the people must be ready for trial within certain specific time limitations, if not a __ to dismiss for lack of speedy trial MUST be granted | motion |
| CPL 30 in computing time limitations for trial, what 10 situations are not included? | 1. other proceeding concerning defendant (ex: determination of competency) 2. the period of delay at the request of defendant or his attorney 3. the period of delay resulting from absence or unavailability 4. period of delay when defendant is joined for trial with co-defendants whose time has not run out 5. the period of delay resulting from detention of the defendant in another jurisdiction 6. the period of delay the defendant is without counsel through no fault of their own 7. other periods of delay concerning continuance 8. the period during which an ACD 9. the period prior to the defendants actual appearance for arraignment in situation when the defendant has been directed by warrant, summons, indictment 10. family offense |
| CPL 30 when prosecutors state they are ready for trial, must the court inquire on the record as to their actual readiness? | yes |
| CPL 30 if after conduction inquiry, the court determines that the people are not ready to proceed to trial, should the prosecutors statement of readiness be valid? | no |
| CPL 30 all statements of readiness should be accompanied by what? what shall the defendant be given an opportunity to be heard on? | readiness statements should be accompanied by good faith compliance with disclosure requirements and the defendant shall be given an opportunity to be heard on the record as to whether the disclosure requirements have been met (no ambush) |
| CPL 30 upon a LCC accusatory instrument, a statement of readiness shall not be valid unless what? | the prosecuting attorney certifies that all counts charged in the accusatory instrument meet the requirements of section 100.15 and 100.40 |
| CPL 30 true or false? a order finally denying a motion to dismiss shall be reviewable upon an appeal from judgment/conviction notwithstanding the fact that such judgment is entered upon a plea of guilty | true |
| CPL 30 where a defendant is to be tried following the withdrawal of the plea of guilty or is to be retried following a mistrial, an order for a new trial or an appeal, the criminal action and the commitment to the custody of the sheriff or the OCFS, if any, must be deemed to have commenced when? | on the date the withdrawal of the plea of guilty or the date the order occasioning a retrial becomes final |
| where a defendant has been served with an appearance ticket, the criminal action must be deemed to have commenced when? | on the date the defendant first appears in LCC in response to the appearance ticket |
| where a criminal action is commenced by filing a felony complaint and during the course of the action the felony complaint is replaced or converted to an information, prosecutors information, or a misdemeanor complaint, the period applicable as to when the people must be ready for trial must be calculated from when? | from the date of filing the new accusatory instrument |
| if more than __ months have passed from when the felony complaint was filed to the date of the new accusatory instrument was filed, then the period applicable to the felony complaint remains applicable and continues as if no new accusatory instrument has been filed | 6 months |
| where a criminal action is commenced by filing a felony complaint, and during the course of action the felony complaint is replaced or converted to an information, prosecutors information, or misdemeanor complaint, the period applicable to when the people must be ready for trial must be calculated from the date of what? unless __ days have passed since defendant is committed to date of new accusatory instrument? | -the date of filing of the new accusatory instrument -90 days |
| where a county of an indictment is reduced to charge only a misdemeanor or petty offense and prosecutors information is filed, the period applicable as to when the people must be ready for trial is calculated from when? unless __ months have passed from when the indictment was filed to the date of the new accusatory instrument | the date of the filing of the new accusatory instrument - 6 months |
| wher a count of an indictment is reduced to charge only a misdemeanor or petty offense and prosecutors information has been filed, the period applicable as to when the people must be ready for trial is calculated from the date of what? unless __ days have passed from when defendant committed to the date of the new accusatory instrument | -the filing of new accusatory instrument -90 days |
| true or false? motion to dismiss an indictment is not applicable to a motion made pursuant when a defendant is committed. if, upon oral argument, a time period is in dispute, he court must promptly conduct a hearing in which the people must prove that the time period is excludable | true |
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