CPL 180

Question 1

180.10 Proceedings upon felony complaint; arraignment; defendant’s rights, court’s instructions and bail matters

Upon arraignment of a Felony Complaint the defendant MUST be informed of the charges against him and be provided a copy of _______________

The primary purpose of the arraignment is to determine if the defendant is to be held for the __________________

Answer 1

the Felony Complaint. ……….. action of the Grand Jury

Question 2

180.10 Proceedings upon felony complaint; arraignment; defendant’s rights, court’s instructions and bail matters

The defendant has a right to a _________ on the issue as to whether there is sufficient evidence to ____________ for the action of the Grand Jury, the defendant may _____________ this right

Answer 2

prompt hearing ….. hold him…….. waive

Question 3

180.10 Proceedings upon felony complaint; arraignment; defendant’s rights, court’s instructions and bail matters

The court MUST inform the defendant of the following rights:

• The defendant has a right to __________ ,
• has a right to an adjournment to _________________
• the right to _____________ by letter or phone call to anywhere in the USA or Puerto Rico to obtain counsel or inform a relative that he or she has been charged, and
• the right to have counsel appointed if they cannot ______________

Answer 3

Counsel, obtain counsel, communicate…….. afford one

Question 4

180.10 Proceedings upon felony complaint; arraignment; defendant’s rights, court’s instructions and bail matters

The court (MAY/MUST) permit the defendant to proceed without the aid of counsel, IF it is satisfied he made such decision with knowledge of the significance thereof.
If a defendant proceeds without counsel ________________, he maintains his right to counsel at every stage of the proceeding

Answer 4

MUST……… at arraignment

Question 5

180.10 Proceedings upon felony complaint; arraignment; defendant’s rights, court’s instructions and bail matters

Upon arraignment a securing order must issue either:

• 1. ____________ the defendant on his own recognizance “ROR”
• 2. Fixing _________________
• 3. Committing the defendant to _____________________ for future appearance (Remand)

Answer 5

Releasing ……… bail…………. the custody of the Sheriff

Question 6

180.10 Proceedings upon felony complaint; arraignment; defendant’s rights, court’s instructions and bail matters

New Law: Once again the statute mentions the __________ arraignment part and that if the defendant appears without counsel he will be held over to such part to obtain counsel

Answer 6

“off hour”

Question 7

180.20 Removal of action from one criminal court to another (AT)

When a defendant who is brought to a town or village court in a town or village ______________________ the felony was committed but in the same county, he must be arraigned in that town or village court. The town or village court then MUST:

• a) ____________ of complaint pursuant to this article. (If defendant pleads down to a misdemeanor or petty offense)
• (b) remit the action to the court in town or village where felony ______________

Answer 7

other than the one where ……….. Dispose ………….was committed.

Question 8

180.20 Removal of action from one criminal court to another (AT)

1-a. When a defendant is arrested and brought to a town or village court for a felony committed in an ___________ in the same county, the town or village court must arraign him and then MUST:
- (a) ____________ of complaint pursuant to this article. (If defendant pleads down to a misdemeanor or petty offense,court must conduct the action to judgment or other final disposition), or
- (b) remit the action to the city court __________________

Answer 8

adjoining city…… dispose ……….. where felony was committed

Question 9

180.20 Removal of action from one criminal court to another (AT)

2. When a defendant is arrested and brought before a superior court judge sitting as an LLC, such court must _______________ and then such judge MUST:
   - (a) ____________ of complaint pursuant to this article. (If charge is reduced to a misdemeanor or petty offense, judge must arraign him on new accusatory instrument and remit action to the LCC having trial jurisdiction.), or
   - (b) remit the action to the ____________

Answer 9

arraign him ……… dispose ………… LCC having geographical jurisdiction.

Question 10

180.20 Removal of action from one criminal court to another (AT)

3. Notwithstanding any of the above, in any county outside a city having a population of 1 million or more, after a defendant is arraigned in an LLC for a felony, the court may (upon motion of defendant and consent of DA) transfer the case to a “drug court” for disposition of felony complaint.
   Removal is not effective until __________ after order is issued unless:
   - (a) drug court will not accept action and drug court gives notice to court that issued the order, or
   - (b) drug court will accept action on a date prior to the effective date (and drug court gives notice to defendant, counsel, and DA).

Answer 10

5 days

Question 11

180.20 Removal of action from one criminal court to another (AT)

4. (NEW - SIMILAR TO 170.15) In any county outside a city having a population of one million or more, upon or after arraignment of a defendant in felony complaint pending in a local criminal court having preliminary jurisdiction, such LLC may, upon motion remove the action to “a human trafficking court” or “veterans treatment court” in the same county, or with consent of the district attorney and the district attorney of the adjoining county to another court in such adjoining county, and continue until disposition.
   - The chief administrator of the courts shall designate specific local criminal courts as a “human trafficking court” or “veterans treatment court”
   - No cases can be removed where the defendant is charged with a CPL 530.11 ____________ and the defendant and victim are members of the same family or household.
   - an order of removal issued under this subdivision shall not take effect until ____________ after the date the order is issued unless, prior to such effective date, the “human trafficking court” or “veterans treatment court” notifies the court that issued the order that it will not accept the action or they will accept it on a date prior to the _______ period.
   - Notice of acceptance or denial shall be given promptly to the defendant, their counsel, and the DA.

Answer 11

family offense………. five days ……… five day

Question 12

180.30 Proceedings upon felony complaint; waiver of hearing; action to be taken

If the defendant waives a hearing upon a Felony Complaint, the court must either:

• Order the defendant be ____________ in the Superior Court. The local court must then promptly transmit all documents and papers pertaining to the arrest to the Superior Court.
• The action is considered still pending in the ______________ until such documents are received by the Superior Court

OR

• Make inquiry as to whether the Felony Complaint should be dismissed and replaced by an _________, _____________, or __________ as per 180.50

Answer 12

held for the action of the grand jury ………. Information,Prosecutors Information or Misdemeanor Complaint

Question 13

180.40 Proceedings upon felony complaint; application in superior court following hearing or waiver of hearing

• At any time before the matter is submitted to the grand jury,the District Attorney may apply to the court, ex parte, for an order returning the Felony Complaint to the originating____________ for reconsideration.
• The court MAY grant such order if the felony complaint is _________ or it is within the interests of justice to do so

Answer 13

local criminal court ……… defective

Question 14

180.50 Proceedings upon felony complaint; reduction of charge

The local criminal court may, upon the consent of the DA, make an inquiry to determine whether the defendant should be charged with an offense other than a Felony.

The court may question any person who it believes may possess information relevant to the matter including the defendant.

If the court is so satisfied that there is reasonable cause to believe that the defendant committed an offense other than a felony, it may reduce the charge to a non-felony offense.

This is done by replacing the Felony Complaint with or converting it to another local criminal court accusatory instrument.

The court may not order such reduction if there is reasonable cause to believe the defendant committed

• a ___________ (other than for drugs), or
• any armed felony

Answer 14

class A Felony

Question 15

180.60 Proceedings upon felony complaint; the hearing; conduct thereof
The hearing upon a Felony Complaint must be conducted as follows:

1. The DA (MUST/MAY) conduct the hearing
2. The defendant (MUST/MAY) be present at such hearing
3. The court (MUST/MAY) read the felony complaint and supporting depositions to the defendant
4. Each witness (MUST/MAY) testify under oath, unless authorized to give unsworn evidence at trial
5. The people (MUST/MAY) call and examine witnesses and offer evidence
6. The defendant (MUST/MAY) as a matter of right testify in his own behalf
7. Upon the request of the defendant ,the court (MUST/MAY) permit him to call his own witnesses
8. Only ___________ evidence is admissible to demonstrate reasonable cause to believe the defendant committed a felony
9. The court (MUST/MAY), upon application of the defendant exclude the public from the hearing
10. The hearing should be completed in _________ session(s), if an adjournment is absolutely necessary it may not be for more than ONE(l) DAY

Answer 15

MUST….MAY…MUST….. MUST…. MUST …. MAY…….. MAY…… non-hearsay … MAY….. ONE(1)

Question 16

180.70- Proceedings upon felony complaint; disposition of felony complaint after hearing

At the conclusion of a felony hearing,the court MUST dispose of the Felony Complaint as follows:

1.If there is reasonable cause to believe the defendant committed a Felony: Order the defendant be held ____________________

Answer 16

for the action of the Grand Jury

Question 17

180.70- Proceedings upon felony complaint; disposition of felony complaint after hearing

At the conclusion of a felony hearing,the court MUST dispose of the Felony Complaint as follows:

2.If there is reasonable cause to believe the defendant committed an offense other than a Felony: ___________ to one of a non-Felony offense

Answer 17

Reduce the charge

Question 18

180.70- Proceedings upon felony complaint; disposition of felony complaint after hearing

At the conclusion of a felony hearing,the court MUST dispose of the Felony Complaint as follows:

3. If there is reasonable cause to believe the defendant committed a Felony in addition to a non-Felony: Reduce the Felony to one of a __________ ,but only if the court determines that it is in the interests of justice AND the _______________ consents.

This cannot be done for charges of

• ____________, (other than drugs), or
• Armed Felony offenses

Answer 18

non-Felony offense………. district attorney…….. Class A Felonies

Question 19

180.70- Proceedings upon felony complaint; disposition of felony complaint after hearing

At the conclusion of a felony hearing,the court MUST dispose of the Felony Complaint as follows:

4. If there is not reasonable cause to believe the defendant committed a Felony: __________ the Felony complaint, discharge the defendant from custody and exonerate the bail. Yippee I’m going home

Answer 19

Dismiss

Question 20

(NEW) 180.75 Proceedings upon felony complaint; juvenile offender.

1. When a juvenile offender or adolescent offender is arraigned before the youth part of a superior court or the most accessible magistrate designated by the appellate division of the supreme court in the applicable department to act as a youth part, the provisions of article ________________________________shall apply in lieu of the provisions of sections 180.30, 180.50 and 180.70 of this article.

Answer 20

722 Proceedings Against Juvenile Offenders and Adolescent Offenders; Establishment of Youth Part and Related Procedures

Question 21

(NEW) 180.80-Release of defendant upon failure of timely disposition

This is very similar to Article 170.70 for Misdemeanor Complaints, except this is for a defendant against whom a felony complaint has been filed with a local criminal court or the youth part of a superior court

Here the defendant upon his application must be released after (ARREST/ARRAIGNMENT) and in custody for ______________ or ________________in the event a_________________ occurs during such custody, providing there is:

• no disposition of the Felony Complaint,
• filing of indictment by the Grand Jury or
• a Felony hearing commenced.

Unless, good cause can be shown by some compelling fact or circumstance as to why such release would not be in the interests of justice

Remember in 170.70 the 5 day time frame began from arraignment not arrest, good to know!

Answer 21

ARREST……. 120 hours ……….. 144 hours ……….. Saturday,Sunday or legal holiday

Question 22

180.85 - Termination of Prosecution of a Felony Complaint

For other than a Felony Complaint charging murder, a motion in writing may be filed by either party or the court on its own motion not earlier than _________________ following the arraignment, for an order terminating the prosecution on consent of the parties.

• ____________ notice of the return date will be given.
• If there is no opposition the court will enter an order terminating the prosecution on the return date. If it is opposed the court will deny the motion or defer disposition for ___________ to give the prosecution another shot to present it to the grand jury
• If the motion is denied such party may not file a subsequent motion for at least ________________

Answer 22

TWELVE(12) months…..30 DAYS…. 45 days……….. SIX(6) months