Criado por Emily Deragon
2 meses atrás
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CPL 200.10
define indictment
CPL 200.15
Define superior court information (SCI)
CPL 200.15
a superior court information MAY/MUST include any offense for which the defendant was held for action of grand jury
CPL 200.15
does a superior court information have the same force and effect as an idictment?
CPL 200.20
what must an indictment charge?
what may and indictment charge?
CPL 200.20
when are two offenses joinable?
CPL 200.20
if the indictments contain offenses which are joinable and other offenses that are not joinable they MAY/MUST be consolidated for the purpose of trying only the joinable offense. Does the indictment remain in existence with respect to the non-joinable offenses?
CPL 200.20
can you consolidate an indictment with a superior court information?
CPL 200.20
when an indictment charges at least one crime against a defendant under 17 at time of crime, and who was criminally responsible for said crimes, the indictment MAY charge in separate counts, crimes which they are not criminally responsible for if what?
CPL 200.30
True or false?
each count of an indictment may charge multiple offenses
CPL 200.40
two or more defendants may be jointly charged in a single indictment provided that what 4 things?
CPL 200.40
true or false?
if two or more defendants are charged in separate indictments with an offense or offenses that could have been joined in a single indictment, the court, upon application of the DA, May join the defendants in a single indictment
CPL 200.50
an indictment must contain what 9 things? (1-4)
CPL 200.50
an indictment must contain what 9 things?
(5-9)
CPL 200.60
where an offense of lower grade is raised to an offense of higher grade by reason of previous conviction, the indictment must use the what phrase to indicate the discretion?
CPL 200.60
an indictment for a "as felony offense must be accompanied by what?
CPL 200.60
who is a special indictment filed by? charging what?
CPL 200.60
May the people refer to such special information during the trial or offer any evidence concerning the previous conviction alleged?
CPL 200.60
after commencement of trial and before the close of the Peoples case, the court, In the absence of who, must arraign the defendant upon the special information ?
CPL 200.60
what must the people advise the defendant of when they arraign them on a special information?
CPL 200.60
arraignment on special information:
if the defendant admits to previous conviction what happens?
CPL 200.60
arraignment on special information:
if the defendant denies the previous conviction or remains mute what MAY the people do?
CPL 200.60
can anything in this section preclude the people from proving prior conviction before a grand jury or can it relieve the peoples obligation or necessity to do so?
CPL 200.62
whenever a person charged with the commission or attempt of an offense defined in PL 130 (sex offense) which constitutes a felony and it appears that the victim was less than 15 years old, the indictment MAY be accompanied by what?
CPL 200.62
when there's a special information with indictment for sex offense victim less than 15, when must the Court arraign the defendant?
CPL 200.62
when there's a special information with indictment for sex offense victim less than 15, when they arraign defendant, what must the court, in absence of jury, advise the defendant of?
CPL 200.62
when there's a special information with indictment for sex offense victim less than 15, if the defendant admits that the victim was less than 15 years old, what happens?
CPL 200.62
when there's a special information with indictment for sex offense victim less than 15, if the defendant denies or remains mute what happens?
CPL 200.62
when there's a special information with indictment for sex offense victim less than 15.
does anything in this subdivision prevent the people, in a trial or before a jury, from making reference to and introducing evidence of the victims age?
CPL 200.62 Special info child sex offender:
when jury determines victim was less than 15, jury shall consider and render its verdict on such issue only after rendering its verdict regarding what
CPL 200.62
true or false?
a determination pursuant to this section (victim less than 15) shall be binding in any future proceeding in which the issue may arise unless the underlying conviction or determination is vacated or reversed
CPL 200.70
true or false?
an indictment may not be amended which charges the theory or theories of the prosecution as presented before the grand jury which filed the indictment
CPL 200.70
an indictment may not be amended to cure what 4 things?
CPL 200.80
if a superseding indictment is filed charging the SAME offenses as the first one, what happens to those charges from the first one when the defendant is arraigned on the superseding indictment?
CPL 200.80
if there are charges the first indictment that were not in the superseding what happens to the first indictments charges?
CPL 200.95
define bill of particulars
CPL 200.95
within how many days of service of the request Shall the prosecutors serve the bill of particulars
CPL 200.95
how long after the arraignment, but before the trial, shall a request for a bill of particulars be made?
CPL 200.95
when a defendant request an adjournment to obtain counsel, when does the 30 day period for request for bill of particulars commence?
CPL 200.95
May the prosecutor refuse tom comply with the request for a bill of particulars or any portion of the request for a bill of particulars? To what extent?
PL 200.95
the prosecutors refusal to the request for a bill of particulars shall be made in writing, which shall set forth what?
CPL 200.95
how many days after the request should the refusal be served upon the defendant and a copy shall be filed with the court?
CPL 200.95
what does a protective order do in regards to a bill of particulars?
CPL 200.95
30-15-15
what do these numbers mean regarding this section?