Article 216 Definitions Flashcards
CPL 220.10
Select all correct answers.
A defendant in an indictment with multiple counts:
(a) may plead guilty or not guilty, only as to the entire indictment
(b) may plead not guilty to all counts, as a matter of right
(c) may plead guilty only as to some offenses, but not as to murder in the first degree
(d) may plead guilty to murder in the first degree, where a death sentence may be imposed
(e) May plead guilty to murder in the first degree, with permission of the court and consent of the people when the agreed upon sentence is life imprisonment without parole or other term of imprisonment for murder in the first degree.
Answers: (b) and (e)
Choices (b) and (e) are correct.
Choice (b) is authorized by CPL 220.10-1.
Choice (e) is authorized by CPL 220.10-5(e).
CPL 220.10-4
Select the correct answer.
In entering a guilty plea to a lesser included offense in an indictment charging two or more offenses:
(a) only the court must consent
(b) only the prosecutor must consent
(c) both the court and the prosecutor must consent
(d) either the court or the prosecutor must consent, but consent of both is not required.
Answer: (c)
Choice (c) is correct (CPL 220.10-4
Both the court and the prosecutor must consent
CPL 220.10-6
Select the correct answer.
If a defendant enters a plea of not responsible by reason of mental disease or defect:
(a) he may do so without restriction
(b) only the court’s permission is required
(c) only the prosecutor’s consent is required
(d) permission of the court and consent of the prosecutor are both required.
Answer: (d)
Choice (d) is correct (CPL 220.10-6). Note that CPL 220.15-4 requires the court, before accepting this plea, to determine that there is a factual basis for it
CPL 220.15-5
Select the correct answer.
Before a plea of not responsible by reason of mental disease or defect is accepted, the court must find:
1. that the defendant does not have the requisite capacity to understand the proceedings against him
2. that the acceptance of the plea is in the interest of the public and the administration of justice
3. that it is satisfied that all the elements of the offense charged would be proven at trial beyond a reasonable doubt
4. that the defendant would prove at trial beyond a reasonable doubt his lack of criminal responsibility by reason of mental disease or defect
5. that the defendant knowingly and voluntarily made his plea and that there is a factual basis for the plea
(a) 1, 2, 3, 5, but not 4
(b) 1, 3, 5, but not 2 and 4
(c) 2, 3, 5, but not 1 and 4
(d) 1, 2, 3, 4, and 5.
Answer: (c)
Choice (c) is correct (CPL 220.15-5).
Statement 1 is incorrect. If the defendant lacked capacity because of mental disease or defect to understand the proceedings against him or to assist in his own defense he would be an “incapacitated person” and CPL Article 730 would govern.
Statement 4 is incorrect because defendant at trial would only have to prove his lack of criminal responsibility by a preponderance of the evidence, not beyond a reasonable doubt.
288.
CPL 220.30-2
Select the correct answer.
A guilty plea accepted as to part of an indictment:
(a) constitutes a disposition of the entire indictment
(b) constitutes a disposition of the entire indictment and all other charges pending against the defendant
(c) requires a prosecutor’s decision as to how to proceed with the remainder of the indictment
(d) constitutes a disposition only of remaining misdemeanor counts, but not of felonies
Answer: (a)
Choice (a) is correct (CPL 220.30-2). Such a plea requires permission of the court and consent of the people (CPL 220.10-4).
The remaining choices have no support in CPL.
CPL 220.50-2
Select the correct answer.
A plea to an indictment against a corporation must be entered by:
(a) any officer of the corporation
(b) its president
(c) the offending employee of the corporation
(d) its counsel.
Answer: (d)
Choice (d) is correct (CPL 220.50-2).
Its counsel
CPL 220.50-3
Select the correct answer.
If a defendant is required to enter a plea to an indictment but refuses to do so:
(a) he must be remanded without bail until he complies
(b) he must be deemed to have pleaded guilty as charged
(c) a plea of not guilty must be entered in his behalf
(d) he must be committed for psychiatric observation and report
Answer: (c)
Choice (c) is correct (CPL 220.50-3).
CPL 220.50-5
Select the correct answer.
When a sentence is agreed upon by the prosecutor and a defendant as a predicate to entry of a plea of guilty:
(a) only the court must state on the record that the sentence agreed upon is a condition of such plea
(b) the court and the prosecutor must state on the record or in a writing filed with the court that the sentence agreed upon is a condition of such plea
(c) the court or the prosecutor must state on the record or in a writing filed with the court that the sentence agreed upon is a condition of such plea
(d) the court must inform the defendant that the sentence may be changed at the court’s discretion.
Answer: (c)
Choice (c) is correct (CPL 220.50-5).
CPL 220.50-7
Select the correct statement concerning defendants charged with a felony offense who are not United States citizens:
(a) There is no relevant provision in CPL
(b) There is a relevant provision in CPL but it applies only to guilty pleas
(c) Failure to advise a non-citizen felony defendant as provided by CPL negates validity of the conviction
(d) Under specified circumstances, a non-citizen defendant who is or becomes subject to a final order of deportation by the U.S. Immigration and Naturalization Service may be deported, but only at the conclusion of any indeterminate prison sentence imposed on conviction.
Answer: (b)
Choice (b) is correct (CPL 220.50-7). Applicable only to felony guilty pleas.
Choice (c) is incorrect, because the failure to advise a defendant pursuant to this subdivision does not affect the validity of a conviction.
Choice (d) is incorrect because defendant may be paroled to Immigration and Naturalization Service custody at any time after commencement of the indeterminate or determinate sentence.
CPL 220.51
Prior to trial and before accepting a plea charging a felony the court must advise a public official who is a defendant that the guilty plea:
(a) will result in his loss of public office
(b) will cause a diminution of his official capacity
(c) may result in a reduction of public benefits
(d) may result in the reduction or revocation of the defendant’s pension.
Answer: (d)
CPL 220.51 provides such notice to be provided before entry of plea.
CPL 220.60-3
Select the correct statement.
Defendant has entered a plea of guilty to an indictment. He now seeks to withdraw this guilty plea.
(a) Withdrawal of the plea is within the court’s discretion, at any time before sentence is imposed
(b) He has a right to withdraw the guilty plea, at any time before sentence is imposed
(c) He has a right to withdraw the guilty plea at any time, provided he pleaded guilty as charged
(d) A guilty plea once entered cannot be withdrawn under any circumstances.
Answer: (a)
Choice (a) is correct (CPL 220.60-3).
Choice (b) is incorrect. Defendant’s right to withdraw a not guilty plea exists only before verdict and is conditioned upon a guilty plea to the entire indictment, in accordance with CPL 220.60-1.
CPL 230.20
Select all correct statements concerning removal of an action pending in a superior court.
(a) Such a removal requires the order of a justice of the appellate division, in all cases
(b) An action pending in supreme court may be moved to county court in the same county, but an action pending in county court may not be removed to supreme court
(c) The appropriate appellate division may remove an action from county court to supreme court within the same county
(d) The appropriate appellate division may remove an action from a superior court of a county within the appellate department to a superior court of another county.
Answers: (c) and (d)
Choices (c) and (d) are correct (CPL 230.20).
Choices (a) and (b) are incorrect because CPL 230.10 provides that removal may be ordered from county court to supreme court, or from supreme court to county court. This may be by “order of an appropriate court or judge” with the various appellate departments “prescribing the courts or judges who may order such removals…”
