Criminal Procedure Law Article 1

Front 1

CPL Article 1

Back 1

Short title, Applicability and definitions

Front 2

CPL Article 1.10

What cases does the CPL apply to?

Back 2

Exclusively to all criminal actions and proceedings that occurred upon or after it's effective date.

As well as the appeals and post judgement proceedings that may follow. Also criminal actions and proceedings that occurred prior to effective date but were still pending beyond effective date, including appeals and post judgement proceedings that may follow.

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CPL 1.20 - definitions and terms

How many accusatory instruments are there?

What are they?

Back 3

Seven -

Seven deadly sins therefore seven accusatory instruments.

Indictment, Superior Court information (SCI) , information, simplified information, prosecutors information, misdemeanor complaint, felony complaint.

All accusatory instruments must be entitled "the people of the state of New York"

Front 4

Define indictment

Back 4

A written accusation by a Grand jury filed with a Superior Court which charges one or more defendants, with the commission of one or more offenses, at least one of which is a crime and serves as a basis for prosecution

Front 5

Define Superior Court information (SCI)

Back 5

A written accusation by a district attorney, filed with a Superior Court which charges one or more defendants, with the commission of one or more offenses , at least one of which is a crime and serves as a basis for prosecution.

Front 6

Define information

Back 6

A verified written accusation by a person, files with a local criminal court, which charges one or more defendants with the commission of one or more offenses, none of which is a felony, and which may serve to both commence a criminal action and as a basis for prosecution.

Front 7

Define simplified information

Back 7

A general term, which encompasses a simplified traffic information, simplified parks information, and simplified environmental conservation information. They are all in brief and simplified form, cannot charge a felony and may serve to both commence a criminal action and as a basis for prosecution.

Front 8

Define prosecutors information

Back 8

A written accusation by a district attorney filed with a local criminal court, which charges one or more defendants, with the commission of one or more offenses, none of which is a felony, and which serves as a basis for prosecution.

* As seen in cpl 100.10, it can commence a criminal action, but only upon the direction of the grand jury that it be filed in a case not previously commenced in a local Criminal court.

Front 9

Define misdemeanor complaint

Back 9

A certified written accusation by a person, filed with a local criminal court, which charges one or more defendants, with the commission of one or more offenses, at least one of which is a misdemeanor and none of which is a felony, and which may commence a criminal action only, but which may not, except with the defendants consent, serve as a basis for prosecution.

Front 10

Define felony complaint

Back 10

A verified written accusation by a person, filed with a local criminal court, which charges one or more defendants, with the commission of one or more felonies, which serves to commence a criminal action but is not a basis for prosecution.

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Define arraignment

Back 11

When the defendant appears in court after the filing of an accusatory instrument to have the court acquire and exercise control over the person.

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When does a jury trial commence?

When does it continue until?

Back 12

A jury trial commence with the selection of the jury. A jury trial continues until verdict.

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When does a non-jury trial (judge only) commence?

When does it continue until?

Back 13

It commences when the first opening address is given (if there is one) or when the first witness is sworn. It continues until verdict.

Front 14

Define conviction

Back 14

The entry of a plea of guilty or a verdict of guilty.

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Define sentence

Back 15

The imposition and entry of sentence upon conviction

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Define judgement

Back 16

The combination of both the conviction And sentence

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**When a criminal action commence?

Back 17

It commences with the filing of an accusatory instrument.

Front 18

Define preliminary jurisdiction

Back 18

When a court has the authority to commence a criminal action and conduct proceedings that will lead to prosecution and disposition of an action in a court that has trial jurisdiction

Front 19

Define trial jurisdiction

Back 19

When a court has the authority to accept a plea or try a matter and ultimately dispose of the accusatory instrument

Front 20

Define appearance ticket

Back 20

A written notice issued by a public servant directing a person to appear in a local criminal court for an accusatory instrument to be filed against them

Front 21

Define summons

Back 21

Issued by a local criminal court or Superior Court directing a person to appear to be arraigned upon an accusatory instrument already filed against them

Front 22

Define warrant of arrest

Back 22

A directive from a local Criminal Court to a police officer to scoop someone up and bring them to court to be arraigned upon an accusatory instrument already filed against them.

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Define Superior Court warrant of arrest

Back 23

A directive from a Superior Court , to a police officer to get someone and bring them to court to be arraigned upon an indictment.

Front 24

Define bench warrant

Back 24

The process of any Criminal Court directing a police officer or uniform court officer to bring a defendant to court who has already been arraigned, for the purpose of achieving their court appearance to be able to continue on with a case that has already been commenced

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What makes something a lesser included offense

Back 25

When it is impossible to commit a crime without simultaneously committing another crime of a lesser grade.

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Define petty offense

Back 26

A violation or traffic infraction.

*Not a crime*