Criminal Procedure Law Article 110 - 160

Front 1

CPL Article 110 : requiring defendants appearance in lower criminal court for arraignment

110.10

After action is commenced?

Before action is commenced?

Back 1

After action is commenced - warrant of arrest Or summons.

Before - an arrest made without a warrant or appearance ticket

Front 2

Article 120.00 warrant of arrest

120.10 - definition function and form

What is the sole function of the warrant of arrest?

Back 2

To achieve the defendants court appearance for purpose of arraignment upon the accusatory instrument

Front 3

What 6 things must have the warrant contain?

What 6 things must have the warrant contain?

Back 3

1 name of the issuing Court 2 date of the issuance

3 the name or title of offense being charged

4 a defendant's name or description

5 police officer to whom it is addressed

6 a direction that such officer arrested defendant and bring him before the issuing Court

Front 4

120.20 when issuable

When is a warrant of arrest issuable?

Back 4

When an accusatory instrument has been filed against a defendant who has not appeared for arraignment and not come under control of the Court such Court May issue a warrant of arrest.

Front 5

If the court feels the accusatory instrument is not sufficient on its face the court must do what?

Back 5

Dismiss the accusatory instrument

Front 6

Even if the court feels the instrument is sufficient, it may refuse to issue a warrant until what occurs?

Back 6

An examination of witnesses can determine that there is reasonable cause to believe that the defendant committed the charged offense.

**Also if the court is satisfied that the defendant may respond to a summons in lieu of a warrant of arrest.

Front 7

Where may a warrant of arrest be issuable and returnable only?

Back 7

Only in the local Criminal Court where the accusatory instrument was filed.

Front 8

And warrant of arrest made may be executed by who?

Back 8

Any police officer to whom it's addressed or any police officer designated to execute it.

Front 9

When can a police officer designate another officer to execute the warrant?

Back 9

1 When he has reasonable cause to believe the defendant is in a particular County other than the one with a warrant is returnable

2 the warrant is executable in that county without the endorsement of the local Criminal Court thereof

3 the arrest is to be made within a geographical area of employment of the designated officer.

Must know all 3 criteria that must be met.

Front 10

Where May warrants of arrest issued by a District Court, New York City criminal court, or Superior Court Judge sitting as a local Criminal Court be executed?

Back 10

Anywhere in the state.

Front 11

Where May a warrant of arrest issued by City, town and Village courts be executed?

Back 11

In the county of issuance or in adjoining County.

Front 12

When may a warrant of arrest be executed? How may it be executed?

Back 12

Any day of the week at any hour of the day or night. The officer must inform the defendant daddy warned of this arrest has been issued and less encountering physical resistance flight or other factors making normal procedure practical.

Front 13

Under what three circumstances would the officer not have to give notice before entering a premise to execute a warrant?

Back 13

1 doing so would result in the defendant escaping or attempting Escape

2 doing so would endanger the life for safety of the officer or another person

3 doing so would result in destruction damage or secretion of material evidence

Front 14

Upon a defendant request the officer must show him the warrant if..

Back 14

He has it in his possession, if not he must show it to him as soon as possible.

Front 15

How long does the arresting officer on a warrant have to bring the defendant before local Criminal Court?

Back 15

Without unnecessary delay.

A delegated officer may hold a defendant for up to two hours for the purpose of delivering him to the custody of the appropriate officer.

Front 16

Before bringing a defendant arrested pursuant to a warrant before the local Criminal Court the arresting officer must without unnecessary delay perform what?

Back 16

All fingerprinting and other preliminary duties

Front 17

Upon the arrest of a juvenile offender the ahrefs arresting officer shall immediately notify who and of what?

Back 17

Parents or other person legally responsible for his care and the location of where he is detained.

Front 18

It is the duty of the arresting officer or agency to take or cause to be taking Fingerprints of any person charged with what 4 things?

Back 18

1 a felony

2 a misdemeanor in the penal law

3 a misdemeanor to find outside of the penal law which would constitute a felony if such person had a previous Judgment of conviction for a crime

4 loitering for the purpose of engaging in a prostitution offense

Front 19

A police officer who makes an arrest for any offense with or without a warrant may take or cause to be taken the Fingerprints of the arrested person if the police officer..

Back 19

1 is unable to determine their identity

2 reasonably suspects that they are lying about their identity

3 reasonably suspects the arrested person is being sought by other law enforcement

**Whenever fingerprints are taken the photograph and palm prints of the person may also be taken.

Front 20

Who determines the standards of fingerprinting?

Back 20

The commissioner of the division of Criminal Justice Services (DCJS)

Front 21

How soon upon the taking of fingerprints does the appropriate police officer agency have to forward such fingerprints to the division of Criminal Justice Services? How many copies?

Back 21

Two copies without unnecessary delay

Front 22

When an officer receives the report from DCJS he or she must furnish how many copies did the da how many copies did the court?

Back 22

One copy to the DA two copies to the court. The court will then provide one copy of it to the Council of the defendant or to the defendant directly.

Front 23

Under what circumstances shall polygraph or a psychological stress evaluation be performed on sex assault victims?

Back 23

Under no circumstances.

Front 24

How long does the court or the DA have to notice the accused that an action is terminated in favor of the accused?

Back 24

Not less than 5 days. The clerk of the court shall immediately notify the commissioner of DCJS the record of such action sealed.

Front 25

All official records and papers including judgments and orders shall be sealed accept public Court decisions or Appeals. They shall not be made available to any person public or private with what 7 exceptions?

Back 25

1 the accused or their designated agent

2 a prosecutor

3 law enforcement agency

4 gun licensing agency or state or local officer

5 New York State Department of Corrections and Community Supervision when the accused is on parole

6 a prospective employer of police or peace officers

7 probation department responsible for the supervision of the accused

Front 26

A person in who's favored a criminal action or proceeding was terminated May, upon motion, apply to the court for the matter to be sealed in what time frame?

Back 26

Not less than 20 days notice to the district attorney.

Front 27

Under new law in 160.59 how many Felonies may a defendant apply to have sealed, and how many misdemeanors?

Back 27

Up to 1 felony and 2 misdemeanors

Front 28

What are the exceptions to eligible offenses that defendant may apply to have sealed?

Back 28

1 sex offenses

2 crimes involving sexual performances of a child

3 homicide and related felony offenses

4 Class B C D and E violent felony offenses

5 class a felony offenses

6 conspiracy in the first or second degree

7 felony attempt penal law 110 to commit any of the above

8 any offense requiring registration as a sex offender

Front 29

How long does a defendant have to apply that any eligible offenses be sealed?

Back 29

10 years from the imposition of the sentence or 10 years from release of incarceration on said sentences.