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CPL
Criminal Procedure Law
| Term | Definition |
|---|---|
| accusatory instrument | commence criminal action |
| (5) SUMMONS accusatory instruments | information, prosecutors information, misdemeanor complaint, felony complaint, indictment -> superior court |
| location summons can be served | county of issuance OR adjoining county |
| summons can be served by | police officer, complainant 18+, person 18+ designated by court |
| courts that issue summons | local criminal courts, superior courts (indictment) |
| supporting deposition must be served | within 30 days of court request OR at least 5 days before trial |
| timely request for supporting deposition | before guilty plea OR not later than 30 days after court date |
| (2) superior courts | supreme court, county court |
| (6) local criminal courts | district, nyc criminal court, superior court judge sitting local, + city, town, village |
| no statute of limitations for | class A felonies + CAIR course of sex conduct vs child 1, aggravated sex abuse 1, incest 1, rape 1 |
| stolen credit card jurisdiciton | where the order is placed, stored or delivered |
| speedy trial | F- 6 months, class A Misd- 90 days, class B Misd- 60 days, V- 30 days |
| statute of limitations | F- 5 years, M- 2 years, V- 1 year |
| jurisdictional distances | county = 500 yards, town/village = 100 yards |
| superior court judge sitting at local criminal court can | arraign defendants, issue search warrants, issue arrest warrants, |
| (7) accusatory instruments | SUPERIOR COURT AI, indictment, superior court info, LOCAL CRIMINAL COURT AI, information, simplified information, prosecutors information, misdemeanor complaint, felony complaint |
| (3) verified accusatory instruments | information, misdemeanor complaint, felony complaint, |
| (3) kinds of simplified info | parks, traffic, econ |
| who can apply for an arrest warrant | police officer when GAOE covers county of offense or court |
| alternate courts | need a copy of underlying accusatory instrument attached |
| who can execute an arrest warrant | police officer addressed or properly delegated |
| bench warrant can be addressed to | police officer OR uniformed court officers (nyc, nassau, suffolk, westchester) |
| arrest warrant 3rd party residence | need a search warrant |
| sole purpose of arrest warrants | arraignment |
| arrest warrants are based on | accusatory instruments |
| which courts can issue arrest warrants | local criminal courts |
| when do you need to show deft arrest warrant | if they ask + you have it with you |
| enter without notice for arrest warrants | 3 E's evidence, endanger, escape |
| information | commences action + prosecutes offense |
| simplified information | doesnt commence action, commences prosecution IF no supporting deposition requested |
| prosecutors information | commences action IF direction of grand jury, prosecutes offense |
| misdemeanor complaint | commences action, prosecutes offense IF defendant waives prosecution by info |
| felony complaint | commences action |
| crime here and there | bring to LCC to verify |
| family offense seizure of weapons | give receipt, return weapon within 48 hours, must hold for at least 2 years if not claimed |
| family offense 65+ | report sent to services for elderly persons |
| must arrest | family offense/oop (if MISD victim can request no arrest) |
| rctb dissipates | release immediately |
| civilian arrest without warrant | felony -> anywhere in NYS, less than felony -> in presence + in county |
| do not release after arrest for: | A-E felony OR class E felony not in BEAAR, B- bail jump 2, E- escape 2, A- absconding, R- rape 3 |
| PO arrest without warrant | crimes -> anywhere in NYS, petty offenses- in presence + within 100 yards of GAOE |
| harassment 2 | petty offense |
| app ticket + simplified info | notify deft of right to supp dep |
| release on app ticket | class E fel not in BEAR OR less, b- bail jump 2, e- escape 2, a- absconding, r- rape 3 |
| dont release on app ticket | class A-E felony OR DR WISDOM, d- license 511, r- return to court failure 2 years, w- warrant, i- identity unknown, s- sex offense, d- domestic, o- oop, m- mental aided |
| app ticket return dates | 20 days of issuance or date approved by court |
| where app ticket served | county or adjoining county, statewide if close pursuit |
| must print | any fel, PL misd or if misd becomes fel previous conviction |
| may print | no ID, ID false, wanted by other law enforcement |
| when fingerprinting is authorized you may | photo and palm print |
| where do prints go | 2 copies -> dcjs then, dcjs -> 1 copy to DA, 2 copies to court then, court -> 1 copy to defendant |
| must print for JD's | 12+ = A OR B felony, 13+ = C,D,E felony, do not retain copy |
| sealing of records | M or VTL 1192 = 3 years, Felony = 8 years |
| contact info for app ticket | sent to court within 24 hours (if return date is within 72 hours dont send) |
| dont polygraph | sex victims |
| fortune telling + jostling | pl misd |
| lsa with PI | vtl misd (felony if prior conviction) |
| dwi | vtl misd (felony if prior conviction) |
| victim impact statement | prosecutor makes available PRIOR to sentencing |
| discovery | in custody- 20 days max, not in custody- 35 days max |
| notice of alibi | 20 days max then deft has 8 days max to give to DA |
| grand jury | 16-23 persons (12 must concur) |
| compelled to testify at GJ | receive immunity |
| ACOD | marijuana/family offense- 1 yr max, all others- 6 months max |
| judge dies | cc judge can re-assign case |
| governors warrant of arrest | anybody appointed can execute (felony if they don't bring deft in), identity is only thing needed to be verified |
| when family court isn't in session | bring to local criminal court |
| same family/household | blood, married, divorced, child in common, intimate relationship |
| temp order of protection | need accusatory instrument |
| orders of protections are filed by: | county c/v resides- court clerk in sheriffs office of residence, city c/v resides- city |
| bounty hunters need to be | more than 20 years old |
| rendition | ny -> another state |
| extradition | another state -> ny |
| material witness order | cannot be issued by lcc |
| fail to bring deft in on governors warrant | felony |
| (3) who can apply for eavesdropping/video warrant | da, ag, deputy ag |
| custody of recording for eavesdropping warrants | 10 years |
| search warrants (rctb) | good for 10 days after issuance, cant be executed between 9p-6a unless 2 e's |
| (3) who can apply for search warrant | PO, da, public servant |
| sw must contain | name of issuing court |
| sw can only be issued for execution to | police officers (cant delegate) |
| after sw is finished | leave receipt |
| need for a 3rd party search warrant | warrant or, bench warrant for felony or, federal/outside of ny felony in ny |
| eavesdropping/video warrant | up to 30 days (10 to become effective), notice given to deft within 15 days |
| pen register | outgoing dialed impulses |
| trap/trace devices | incoming dialed impulses |
| pen register/trap trace devices (rs) | good for 60 days, court order not a warrant |
| destruction of drugs | need 2 witnesses (at least 1 PO) |
| analysis of drugs | within 45 days- to lab, within 10 days of report from lab- to da |
| oral search warrant | must be recorded, copy filed within 24 hours |
| d.a. can raise issue client is incompetent | after arraignment and before gj |
| convert a misd complaint to an information | need non-hearsay allegations |
| do all app tickets need to be personally served? | no (parking ones dont) |
| 240.35/.37 offenses | loitering (prints not mandated) |
| must print | any felony. any pl misd, any misd outside of PL if prior conviction makes it a felony |
| appearance ticket AI includes | simplified information |
| report of defts criminal record sent from dcjs to police agency | police agency sends 1 copy to DA and 2 copies to court |
| appearance tickets can be issued by (2): | police officers, other public servants |
| summonses can be issued by (2): | lcc, superior court |
| who can serve summons? (3): | any police officer, any complainant 18+, any person designated by court 18+ |
| locations summonses can be served (2): | county of issuance or adjoining county |
| who can apply for arrest warrant? | PO whose GAOE covers county of offense or court |
| bench warrant | CAN be delegated for execution |
| SW addressed to? | PO whos GAOE covers court location |
| SW may only be addressed to the applicant (t/f) | false |
| only superior courts have trial jurisdiction over | felonies |
| AO's name doesnt need to be entered on | verified AI |
Created by:
Mlevin1990
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