Quiz
CPL 110-170 test
Questions in this quiz (52)
1CPL 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?
- AA clerk of the court
- BADA (assistant DA)
- Csuch police officer or his agency
- Dthe judge
2CPL 110.10 Person cannot be compelled to appear in LCC unless an accusatory instrument has been filed
- ATrue
- BFalse
3A warrant of arrest and a summons are issued after the filing of an accusatory instrument
- ATrue
- BFalse
4An appearance ticket is issued after the filing of an accusatory instrument
- ATrue
- BFalse
5The purpose of a warrant of arrest (issued after the filing of an accusatory instrument) is to bring the defendant to the court for arraignment
- ATrue
- BFalse
6Which 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?
- Awarrant of arrest
- Bsummons
- Cdesk appearance ticket
- Dwarrant of arrest or summons
7Prior 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:
- Aan arrest made without a warrant
- Bissuance and service upon him an appearance ticket
- Csummons
8Upon 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)
- ATrue
- BFalse
9CPL 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
- ATrue
- BFalse
10CPL 120.30 A warrant of arrest is issued by the court where
- Athe accusatory instrument has been filed
- Bthe defendant resides
- Cthere's an accessible magistrate
11A probation or parole officer cannot execute a warrant of arrest
- ATrue
- BFalse
12A warrant of arrest issued by a district court may be execute anywhere in the state
- ATrue
- BFalse
13 CPL 120.80 A warrant of arrest may be executed any day of the week, any hour of the day or night
- ATrue
- BFalse
14A warrant of arrest is issued before the filing of an accusatory instrument
- ATrue
- BFalse
15A warrant of arrest contains the date of the commission of the offense
- ATrue
- BFalse
16A warrant of arrest may be issued after the filing of any accusatory instrument
- ATrue
- BFalse
17Where the offense is charged is a simplified traffic infraction, a warrant of arrest may be issued after filing of an accusatory instrument
- ATrue
- BFalse
18CPL 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)
- AA police officer
- Ba LCC of the county
- Ca peace officer
- Dnone of the above
19A warrant of arrest may be executed ____
- Aonly on business days
- Bany day of the week, except Sunday
- Cany day of the week, during daylight hours
- Dany day of the week, any hour of day or night
20Which of the following is false? Warrant of arrest:
- Ais issued by a LCC after the filing of an accusatory instrument
- Bdirects a police officer (or peace officer appointed by the state university) to arrest a defendant and bring him to court for arraignment
- Cis signed by the issuing police or peace officer
- Dcontains the date of issuance of the warrant
21Relating to the issuance of a warrant of arrest, which of the following statements is not correct? The court:
- Amust issue warrant of arrest after filing of an accusatory instrument
- Bmay refuse to issue a warrant if not satisfied there is reasonable cause to believe that defendant committed the offense
- Cmay not issue a warrant of arrest if it is satisfied that the defendant will respond to a summons
- Dmay 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
22Choose 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...
- Aonly in county of issuance
- Bonly in county of issuance or adjoining county
- Conly in judicial department where issued
- Danywhere in the state
23A report of the termination of action by conviction for a ___ offense shall be sufficient notice of sealing to the commissioner of the DCJS
- Acriminal
- Bnon-criminal
24Upon the termination of a criminal action or proceeding in favor of the accused, the arrest and prosecution shall be deemed a nullity
- ATrue
- BFalse
25Upon 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
- ATrue
- BFalse
26If fingerprints of an arrested person are taken, palm prints and a photograph must also be taken
- ATrue
- BFalse
27After arrest and fingerprinting, 2 sets of fingerprints must be sent by police officer/agency to DCJS
- ATrue
- BFalse
28After receipt of fingerprint report, officer or agency must deliver one copy to DA, and two copies to the court
- ATrue
- BFalse
29Who provides a copy of the fingerprint report to the attorney for the defendant?
- Athe court
- Bthe DA
- CDCJS
- Dthe police
30A report of termination of action in favor of the accused is sufficient notice of sealing to the commissioner of DCJS
- ATrue
- BFalse
31Generally, 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
- ATrue
- BFalse
32After arrest, defendant must be fingerprinted if charged with loitering
- ATrue
- BFalse
33After arrest, defendant must be fingerprinted if charged with any felony (or a misdemeanor defined in PL)
- ATrue
- BFalse
34After arrest, fingerprints shall be taken if unable to ascertain person's identity.
- ATrue
- BFalse
35After arrest, fingerprints ___ be taken if identification given by person may not be accurate
- AMUST be taken
- BMAY be taken
36Generally (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
- ADA
- Bcorporate counsel
- Cthe clerk
- Dnone of the above
37Which 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:
- Aa felony
- Bany misdemeanor defined in PL
- Cany misdemeanor defined outside PL
- Dloitering for purposes of engaging in a prostitution offense
38Generally, 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
- ATrue
- BFalse
39If 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)
- ATrue
- BFalse
40A defendant must appear personally at arraignment
- ATrue
- BFalse
41defendant must always be provided free counsel if unable to pay for counsel
- ATrue
- BFalse
42A misdemeanor complaint may be used as the basis for prosecution in all cases
- ATrue
- BFalse
43A securing order cannot release the defendant on his own recognizance
- ATrue
- BFalse
44A defendant in custody awaiting grand jury action must be released on his own recognizance if grand jury has not acted within __ days
- A20
- B30
- C45
- D50
45Generally, criminal pre-trial motions must be made within __ days after arraignment and before commencement of trial
- A20
- B30
- C45
- D50
46an ACD is an admission of guilt
- ATrue
- BFalse
47Generally, if a misdemeanor complaint is pending and the defendant is in custody, defendant must be released on his own recognizance after __ days of confinement
- A5 days not including sunday
- B5 days including sunday
- C10 days not including Sunday
- D14 days including sunday
48Which of the following is false? At the time of arraignment, court must inform defendant:
- Athat he has a right to have free counsel assigned to his case
- Bthat conviction or plea of guilty to traffic offense would subject defendant to suspension and revocation of license and registration
- Cthat he has a right to supporting deposition to be filled where charge is simplified traffic information
- Dthat he may not be prosecuted on a misdemeanor complaint unless he consents or the misdemeanor complaint is replaced with an information
49If court does not make a final disposition at the arraignment, it must issue a securing order which:
- Areleases defendant on his own recognizance
- Bfixes bail for his future appearance
50In 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
- A2
- B5
- C10
- D20
51Generally, pre-trial motions must be made within __ days after arraignment and before the commencement of trial, whichever is sooner
- A15
- B30
- C45
- D20
52An order to dismiss an accusatory instrument in the interests of justice may be issued upon motion of ___
- Athe people, or upon motion of the court, or upon motion of the defendant
- Bthe court only
- Cthe court or upon motion of the defendant only
- Dthe defendant or upon motion of the people only
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