CPL Article 280

Question 1

T/F?
Upon a new trial, following a mistrial, indictment is deemed to contain all counts it contained at start, regardless of whether any count was thereafter dismissed by court prior to mistrial.

Answer 1

True (CPL 280)

Question 2

Court MUST declare a mistrial upon a motion of either party or on its own motion when ________.

Answer 2

It is physically impossible to proceed with the trial in conformity with law. (CPL 280)

Question 3

On a new trial, following a mistrial declared when it is physically impossible to proceed in conformity with law, the indictment is deemed to contain _______.

Answer 3

ALL the counts that it contained at the start of the trial. (CPL 280)