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MY REVIEW- CPL
CPL REVIEW
| Term | Definition |
|---|---|
| jurisdiction of homicide | victim body/body part found |
| jurisdictional distances | county-500 yards, city/town/village-100 yards |
| superior courts | supreme court, county court |
| local criminal courts | district, nyc criminal, superior court judge sitting at a lcc.... city town village |
| do lcc have trial jurisdiction over felonies? | no |
| statute of limitations | F- 5 yrs, M- 2 yrs, Petty Offenses- 1 yr |
| statute of limitations exceptions | class A felonies + CAIR |
| CAIR | child sex act 1, sex abuse 1, incest 1, rape 1 |
| tolling (deft has to raise issue) | 5 years |
| public servant statute of limitations | as long as he remains a public servant or up to 5 years after he retires |
| LT 9 or mentally disabled/incapacitated | need corroboration for unsworn testimony (unless judge decides otherwise) |
| confession/admission/accomplice testimony needs | corroboration |
| probable cause may include | hearsay |
| LCC accusatory instruments | information, simplified information, prosecutors information, misd complaint, fel complaint |
| superior court accusatory instruments | indictment, SCI |
| information(v) | commences criminal action AND criminal prosecution |
| simplified info | commences criminal action, commences criminal prosecution IF timely request of supporting dep is made |
| prosecutors info | commences criminal action IF grand jury request, commences criminal prosecution |
| misd complaint(v) | commences criminal action, commences criminal prosecution IF deft waives right via information |
| felony complaint | commences criminal action, NEVER commences criminal prosecution |
| what is required to convert a misd complain to an information | non-hearsay allegations |
| what is NOT required on a felony complaint | arresting officers name |
| kinds of simplified informations | traffic, econ, parks |
| timely request for supporting dep | 30 days |
| can a summons be issued based on a simplified info | no |
| can a summons be issued based on an SCI | no |
| who can serve a summons | police officer, complainant 18+, any person 18+ appointed by court |
| where can a summons be served | county of issuance or adjoining county |
| who can apply for an arrest warrant | po whos gaoe covers county of offense or court |
| who can execute an arrest warrant | police officer addressed or delegated |
| no-knock for arrest warrants need | 3 e's, evidence, endanger, escape |
| must you show warrant of arrest | if they ask and you have it |
| what courts can issue arrest warrants | lcc |
| arrest on warrant far away for less than a felony | court option is up to deft unless in default of bail (can hold up to 2 hours) |
| alternate court needs | underlying AI attached |
| arrest warrant cannot be delegated within | county of issuance |
| PO needs what to arrest? | crime- anywhere in NYS, petty offense- in presence and within gaoe or 100 yards of |
| civilian needs what to arrest | felony- anywhere in NYS, less than felony- in presence and in county of comission |
| app ticket served for | class e felonies not in BEA2R or less |
| BEA2R | bail jump 2, escape 2, absconding, rape 3 |
| if rctb dissipates then | release |
| who files an accusatory instrument for a civilian arrest | the civilian |
| family offense seizure of weapons | give receipt, return within 48 hours unless court order, hold for at least 2 years |
| crime here and there | bring to lcc to verify |
| can only sqf in your | gaoe |
| appearance ticket exceptions | DR WISDOM |
| DR WISDOM | drivers license suspension, return to court failure 2 years, warrant, identity unknown, sex offense, domestic, oop, mental/physical need |
| app tickets are returnable within | 20 days or next court session or date set by court |
| app tickets are personally served except | parking |
| where can app tickets be served | county of offense or adjoining county unless close pursuit then statewide |
| court appearance reminders | 24 hours |
| fingerprinting mandatory for | any felony, any pl misd, any misd outside of pl that becomes felony due to prior conviction |
| where do prints get sent | 2 copies to dcjs, 1 copy to da, 2 copies to court, 1 copy to deft |
| JD prints get sent to | dcjs |
| youngest age a JD can be fingerprinted | 12 years old |
| ACOD | marijuana/family offenses- 1 year, all other offenses- 6 months |
| who can re-assign a case of city/town/village judge who dies or becomes disabled? | county judge |
| no cross examination at | grand jury |
| anybody GJ compels to testify receives | immunity |
| grand jury numbers | 23-16-12 |
| discovery (in/out custody) | in custody- 20 days, out of custody- 35 days |
| notice of allibi | 20 days (8 days to give to DA) |
| victim impact statement | prepared by prosecutor prior to sentencing |
| family offenses | MS-CLAUDIA-SAMS-SHIRT |
| MS-CLAUDIA-SAMS-SHIRT | mischief, stalking, coercion 2/3, larceny 3/4, assault 2/3, unlawful dissemination, discon, identity theft, att assault, sexual misconduct, agg harass 2, menacing 2/3, sex abuse 3, stangulation, harass 1/2, identity theft, reckless endange |
| where do you bring a person arrested on a family offense related crime when family court is not in session? | local criminal court |
| temp order of protection requires filing of an | accusatory instrument |
| oop shall be filed by the court clerk in | city/county of complaintants residence |
| bounty hunter must be | MT 20 years old |
| rendition | nys-> another state |
| extradition | another state-> nys |
| where is deft taken on a governors warrant of arrest | court of record |
| fail to bring deft in on a governors warrant is a | felony |
| what is the only issue under consideration with governors warrant of arrest? | identity |
| notice to deft must be given within | 15 days of arraignment |
| custody of applications/warrants/recordings must be kept for | 10 years (can make duplicates) |
| when must eavesdropping warrants be effective | up to 10 days from issuance |
| how long is an eavesdropping warrant good for | 30 days |
| what do you need to obtain for a 3rd party search warrant | warrant of arrest, bench warrant, federal/out of NY felony in NY |
| how many days is a search warrant good for? | up to 10 days from issuance |
| who can apply for a search warrant | po, da, public servant |
| what lcc can issue search warrant | court of offense or place to be searched |
| who can execute a search warrant | police officer addressed (no delegation) |
| property taken from search warrant | leave receipt |
| search warrant times | 6a-9p (no knock 9p-6a) |
| pen register vs trace/trap device | pen register- outgoing, trap/trace device- incoming, good for 60 days |
| destruction of drugs need how many witnesses | at least 2 (1 police officer) |
| analysis of drugs | 45 days (10 days to send report to DA) |
Created by:
Mlevin1990
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