CPL

Question 1

1. A criminal action is commenced with the filing of ________.
2. Is an appearance ticket an accusatory instrument?
3. The only accusatory instruments for Superior Court are ____ and ____. All others are for local criminal court.

Answer 1

1. Accusatory instrument
2. No
3. Grand Jury Indictment and Superior Court Information (used when a grand jury is waived)

Question 2

1. In which local criminal courts are warrants NOT good state wide?
2. Which courts have exclusive trial jurisdiction of felonies?
3. Which courts have preliminary jurisdiction of all offenses?
4. Which courts have trial jurisdiction of petty offenses?
5. Which courts have trial jurisdiction of all offenses?

Answer 2

1. City, Town, and Village
2. Superior Courts
3. Local Criminal Courts
4. Local Criminal Courts (unless charged in an indictment, then superior court)
5. Superior Courts

Question 3

1. A superior court judge sitting as a local criminal court can ____, ____, and ____, but has no _______ of any offense. He does have ______ jurisdiction as in local criminal court.

Answer 3

1. arraign defendants, issue arrest warrants, and issue search warrants, trial jurisdiction, preliminary

Question 4

1. A completed offense occurs in another state. NYS has jurisdiction if conduct in NYS amounts to an _____ of the offense, an ____ at the offense, a _____ or ____ to commit it, or if the result occurred her (ex: vic in homicide died here), body is found here, or offense was an act of ____ to perform a duty imposed by laws here.

County to County = Same as above and in addition: Abandonment of child = 2. ______, Bigamy = 3._______, offense within 4. _______ of county line, 5. _______ for towns and villages,
Offense is on 6. _____ or ______ = any terminal county. And offense in 7. ____, ____, ____ etc. = any county passed through or over.

Answer 4

1. Element, attempt, conspiracy or solicitation, omission
2. Any County child or defendant resided in during abandonment or defendant present in if arrested or did action
3. Any county cohabitation took place or defendant present in if arrested or did action
4. 500 yards
5. 100 yards
6. Bridge or Tunnel
7. Car, train, plane (not the county the offense was committed in but any county driven in during the trip

Either County but not Both

Question 5

1. Jurisdiction for Identity Theft or Unlawful Possession of Personal ID Info is ____ or ____. Any of these counties should take a report and provide copy. Charge how much?
2. Jurisdiction for organized retail theft = __________.
3. Jurisdiction for Forgery = _______.

Answer 5

1. Any county where offense occurs or where victim resides at the time of offense. No Charge!
2. Any county where the defendant, along with at least one other person, committed such crime in a scheme.
3. Anywhere defendant possessed the instrument

Question 6

Statute of Limitations
1. No Statute of Limitations for…..

2. Most other felonies = ______. Misdemeanors =_____, and Petty Offenses = ______.

Answer 6

1. Class A Felonies and SCAR CSA 1st, Sexual Conduct against a Child 1st, Aggravated Sex Abuse 1st, or Rape 1st
2. 5 years, 2 years, 1 year

Question 7

1. Who serves the court with a supporting deposition if requested by the defendant for a simplified information?
2. What must be attached to the warrant if after arresting a defendant on a warrant you bring him to an alternate court?

Answer 7

1. The police officer
2. A copy of the accusatory instrument