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NYS CRIMINAL PROCEDURE LAW QUESTIONS & ANSWERS(SCORED A+)

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  • NYS CRIMINAL PROCEDURE

According to the Criminal Procedure Law, by definition, a criminal action is commenced when which of the following is filed with a criminal court? A: Non-hearsay supporting deposition. B: Appearance ticket. C: Prosecutor confirmation. D: Accusatory instrument. - ANSWERD: Accusatory instrument. ...

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  • March 6, 2025
  • 38
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • NYS CRIMINAL PROCEDURE
  • NYS CRIMINAL PROCEDURE
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NYS CRIMINAL PROCEDURE LAW
QUESTIONS & ANSWERS(SCORED A+)
According to the Criminal Procedure Law, by definition, a criminal action is
commenced when which of the following is filed with a criminal court?
A: Non-hearsay supporting deposition.
B: Appearance ticket.
C: Prosecutor confirmation. D: Accusatory instrument. - ANSWERD: Accusatory
instrument.
The first ACCUSATORY INSTRUMENT FILED commences the CRIMINAL ACTION

Detective Mullins suspects that Roger committed a residential burglary and stored
the proceeds in a storage facility. Detective Mullins filed an application for a search
warrant in the Local Criminal Court of the Town where the storage facility is located.
When Detective Mullins filed his application for a search warrant, he commenced a:
A: criminal action.
B: criminal proceeding.
C: criminal prosecution.
D: not defined ancillary proceeding. - ANSWERB: criminal proceeding.
CRIMINAL PROCEEDING means any proceeding which occurs in a criminal court
and is related to a prospective, pending, or completed CRIMINAL ACTION.

Which of the following is not a defined term in the Criminal Procedure Law?
A: Criminal Prosecution.
B: Criminal Action.
C: Criminal Proceeding.
D: Accusatory Instrument - ANSWERA: Criminal Prosecution.
A CRIMINAL PROSECUTION, although not specifically defined in Section 1.20 of
the Criminal Procedure Law, is commenced upon the filing of and INFORMATION or
an INDICTMENT, or another statutory triggering event involving another kind of filed
ACCUSATORY INSTRUMENT. But, a FELONY COMPLAINT can NEVER
commence the CRIMINAL PROSECTION because the Local Criminal Court does
not have trial jurisdiction over felonies

Which of the following is not a Local Criminal Court ACCUSATORY INSTRUMENT?
A: An Information.
B: A Prosecutor's Information.
C: An Indictment.
D: A Felony Complaint. - ANSWERC: An Indictment.
There are EXACTYLY 2 Superior Court Accusatory Instruments - the Indictment and
the Superior Court Information.

How many Local Criminal Court Accusatory Instruments exist in the Criminal
Procedure Law?
A: 5
B: 4
C: 3

,D: 2 - ANSWERA: 5
Felony Complain, Misdemeanor Complaint, Simplified Information, Prosecutor's
Information and Information.

According to the Criminal Procedure Law, each of the following are a crime,
EXCEPT:
A: Any Felony
B: Class A Misdemeanor
C: Unclassified Misdemeanor
D: Petty Offense - ANSWERD: Petty Offense
A PETTY OFFENSE can be a Violation or a Traffic Infraction and it is not a crime.

Tondelayo, age 14, committed an Assault in the First Degree. She was arrested,
brought to the appropriate criminal court and charged as a:
A: Adolescent Offender.
B: Juvenile Offender.
C: Juvenile Delinquent
D: Youthful Offender. - ANSWERB: Juvenile Offender.
Make sure you know these different categories of "BAD KIDS".

Sheriffs are statutorily Police Officers if they work:
A: anywhere inside of New York City.
B: inside the Borough of Manhattan.
C: inside of a transit facility inside of New York City.
D: outside of New York City. - ANSWERD: outside of New York City.
Only Sheriffs who work outside of N.Y.C. are Police Officers.

Which of the following is not a Local Criminal Court?
A: Town Court of Eastchester
B: Village Court of Bronxville
C: City Court of Rye
D: Westchester County Court - ANSWERD: Westchester County Court
City, Town and Village Courts are LOCAL CRIMINAL COURTS and as such they
DO NOT have trial jurisdiction over felonies. Only Superior Courts - Supreme and
County - have trial jurisdiction over felonies.

Which of the following Local Criminal Court Accusatory Instruments can, on its face,
always commence both the criminal action and the criminal prosecution?
A: Misdemeanor Complaint B: Prosecutor's Information C: Information
D: Simplified Information - ANSWERC: Information
It's the only one that can do both without exception.

Roger abducts Tondelayo by tying her up, placing her in the trunk of his car and
driving her from Suffolk County, through seven other counties and ultimately to
Albany County where he is pulled over for speeding. Officer Stumpy hears
Tondelayo crying in the trunk and he places Roger under arrest and frees Tondelayo
from the trunk and her bindings. Officer Stumpy should know that Roger can be
charged with Kidnapping in which County?
A: Suffolk, Albany or any other County the vehicle passed through.
B: Suffolk and Albany Counties, only.

,C: Albany County, only.
D: Suffolk County, only. - ANSWERA: Suffolk, Albany or any other County the
vehicle passed through.
Geographical Jurisdiction of Offenses.

The distance between two Towns in which there is shared jurisdiction by the Local
Criminal Courts of those two Towns is,
A: 500 Yards
B: 100 Yards
C: 50 Yards
D: 0 Yards - ANSWERB: 100 Yards
100 Yards applies to Towns, etc. and it is 500 Yards between Counties.

Roger commits a robbery in Connecticut and flees in his car into New York State
where he is involved in a fatal motor vehicle accident that results in the death of an
innocent bystander. Had Roger committed the robbery inside of New York he would
be charge with both Robbery and Felony Murder. Because Roger committed the
robbery in Connecticut and the death occurred in New York, Roger can be
prosecuted,
A: Only in New York for both the robbery and the felony murder.
B: In both New York and Connecticut for the robbery and the felony murder.
C: Only in Connecticut for both the robbery and the felony murder.
D: In New York for the Felony Murder and in Connecticut for the Robbery. -
ANSWERD: In New York for the Felony Murder and in Connecticut for the Robbery.
The underlying felony does not have to be committed in New York for the felony
murder charge to be brought inside of New York.

Tondelayo stole Dawn's credit card and used it to order shoes online in County X.
Tondealyo had the shoes delivered to Roger's house in County Y. Tondelayo picked
up the shoes from Roger's house and brought them to her home in County Z.
According to Article 20 of the Criminal Procedure Law, Tondelayo can be prosecuted
for using the stolen credit card in,
A: Counties X, Y, and Z.
B: Counties X and Y.
C: Counties Y and Z.
D: Counties X and Z. - ANSWERA: Counties X, Y, and Z.
County where the order is placed, county where the property is delivered or the
county where the property is stored. The prosecution can only take place in one of
these counties.

Officer Mullins responds to a report of a dead body that washed up onto a beach.
When Officer Mullins arrives he sees the decapitated body of a woman that had
apparently been in the water for a significant period of time. When Sergeant Sullivan
arrives, he tells Officer Mullins that this is a homicide case and that the County
where the body was found has jurisdiction over the homicide investigation. Sergeant
Sullivan's statement to Officer Mullins was,
A: only correct if the woman was killed in the County where her body was found. B:
correct because whether or not she was killed in that County, part of her body was
found in it.

, C: incorrect because without the head, it is not considered a human body. D: only
incorrect if it is discovered that the woman lived in another County. - ANSWERB:
correct because whether or not she was killed in that County, part of her body was
found in it.
When a dead human body, or any part of it, is found in a jurisdiction, that jurisdiction
covers the homicide investigation.

Sergeant Mullins discovers that Detective Tirri stole cash money in the amount of
$200 from inside an apartment during the execution of a Search Warrant on January
1 in the same year Sergeant Mullins made the discovery. Sergeant Mullins knows
that Detective Tirri plans to retire on December 1 of the same year. How long after
Detective Tirri retires will Sergeant Mullins have to charge Detective Tirri with Petit
Larceny?
A: Exactly 1 year and 1 month from the date in which Detective Tirri retires. B:
Exactly two years from the date in which Detective Tirri retires.
C: At most five years from the date in which Detective Tirri retires.
D: There is no criminal statute of limitations for public servants who commit crimes
while in the course of performing their duties. - ANSWERB: Exactly two years from
the date in which Detective Tirri retires.
Public servant statute of limitations has several concepts:A) Can prosecute as long
as he remains public servant;B) Can prosecute up until 5 years after he ceases
being a public servant;C) BUT IN NO EVENT may the originally limited period (5 for
felony, 2 for misdemeanor, 1 for petty offense) be extended by MORE THAN 5
YEARS.

Roger is on trial for Burglary and he wants to call Tondelayo as an alibi witness to
testify that he, Roger, was at Tondelayo's home in California when the crime he is
charged with was committed. Tondelayo has agreed to testify at Roger's trail on the
condition that Roger pay for her airfare and hotel costs associated with her travel to
New York to testify on Roger's behalf. Roger agrees and buys Tondelayo a roundtrip
airline ticket, books her a room at the Ritz Carlton and leaves in an envelope for
Tondelayo at the hotel's front desk, $500 for food, drink and other spending money.
When the Assistant District Attorney learns these facts, he tells the Judge in Roger's
case that he intends to file a Bribing a Witness Charge against Roger. The Judge's
accurate response is to state that:
A: The Assistant District Attorney should also charge Roger with Official Misconduct.
B: Bribing a Witness is a Misdemeanor and therefo - ANSWERD: Roger should not
be charged for paying the expenses of a witness in his trial.
It is not crime to pay the expenses of a witness. Also, Bribing a Witness is a Class D
Felony that has a 5 year statute of limitations.

Officer Stumpy arrives at the precinct and tells Sergeant Mullins that he has arrested
Roger for a reckless driving incident that occurred three years ago. Sergeant Mullins
immediately admonishes Officer Stumpy and orders Officer Stumpy to immediately
release Roger from custody. Sergeant Mullins directive to Officer Stumpy was:
A: proper, because Reckless Driving is a Misdemeanor and as such the Statute of
Limitations has expired.
B: improper, because a Police Officer can only release someone arrested from
custody at the direction of a Judge.

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