380 & 390 Sentencing In General, Pre-sentence Reports Flashcards
CPL 380.10
Select the correct statement concerning sentencing procedures in CPL:
(a) There are different CPL sentencing procedures in superior courts as compared with local criminal courts
(b) Sentencing procedures for all offenses defined outside the Penal Law are different from those for Penal Law offenses
(c) Sentencing procedures are prescribed by the Office of Court Administration for local criminal courts, and CPL provisions apply only in superior courts
(d) CPL provides one procedure for sentencing, to be followed in superior and local criminal courts, whether the offense is found in the Penal Law or elsewhere.
Answer: (d)
Choice (d) is correct (CPL 380.10).
There is no basis in CPL or elsewhere for the other choices.
CPL 380.20
Select the correct statement concerning the imposition of sentence:
(a) The court in its discretion may omit sentencing defendant on a count on which he was convicted
(b) The court must sentence defendant on each count on which he was convicted
(c) The court may sentence defendant only on the highest degree offense on which he was convicted
(d) The court must sentence defendant only on the highest degree offense on which he was convicted.
Answer: (b)
Choice (b) is correct (CPL 380.20).
The other choices are without CPL support.
CPL 380.30
Select all correct answers with respect to pronouncing sentence at the time a conviction is entered:
(a) This may be done where a presentence report or fingerprint report is not required
(b) This may be done where a required presentence report or fingerprint report has been received
(c) Defendant must be asked if he desires an adjournment, and when he does and states the purpose the court may allow a reasonable time
(d) Defendant is entitled to an adjournment period of forty-eight hours before a sentence is imposed, but he may waive this right.
Answers: (a), (b) and (c)
Choices (a), (b) and (c) are correct (CPL 380.30).
Choice (d) has no support in CPL.
CPL 380.40-1, 2
Select the correct answer.
Defendant must be personally present for sentence:
(a) in all cases without exception
(b) except on conviction for a felony, where in the court’s discretion defendant may waive his right to be present
(c) except only on conviction for a petty offense where in the court’s discretion defendant may waive his right to be present
(d) except on conviction for a misdemeanor or petty offense, where in the court’s discretion defendant may waive his right to be present.
Answer: (d)
Choice (d) is correct (CPL 380.40-1. 2).
CPL 380.50
Select all correct answers.
At the time of pronouncing sentence:
(a) the court must accord the prosecutor an opportunity to make a statement relevant to sentence
(b) the court must accord the defendant’s attorney an opportunity to make a statement relevant to sentence, even if defendant also wishes to make a statement personally in his own behalf
(c) the defendant must be asked by the court if he wishes to make a statement, even if his attorney has already spoken on his behalf
(d) the court may summarize the factors it considers relevant to sentence.
Answers: (a), (b), (c) and (d)
All choices are correct (CPL 380.50).
CPL 380.50-2
Select all correct statements concerning the right of a victim to make a statement at the time of sentencing:
(a) In all cases a victim has this right
(b) The victim’s right to make a statement applies only to sentencing for a felony
(c) Defendant must be notified before sentencing of the victim’s intent to make a statement
(d) Defendant has a right at sentencing to rebut a statement made by a victim
(e) If a statement is made by a victim it must precede any statement by defendant’s counsel or defendant.
(b), (c), (d) and (e)
Choices (b), (c), (d) and (e) are correct (CPL 380.50-2).
CPL 380.50-4.5
As to the victim of a violent felony offense as defined in PL 70.02, or a felony as defined in PL Article 125 (Homicide, Abortion and Related Offenses), where the defendant upon conviction has been committed to the department of corrections and community supervision upon a sentence of imprisonment, in the event of defendant’s escape, absconding, discharge, parole, conditional release, release to post-release super vision, or certain custodial actions pursuant to the Mental Hygiene Law, select all correct statements:
(a) There is no duty of notification to the victim
(b) There is a duty on the prosecutor to provide the victim with a form on which to indicate a demand to be informed
(c) There is a duty on the prosecutor to notify the victim of defendant’s escape, absconding, discharge, parole, conditional release, or release to post-release supervision
(d) The duty to notify the victim is on the department of corrections and community supervision.
Answer: (b) and (d)
Choices (b) and (d) are correct (CPL 380.50-4.5).
Choice (a) is incorrect because this duty was created by the legislature.
Choice (c) is incorrect because the duty is on the department of corrections and community supervision. The prosecutor’s sole duty in this regard is stated in choice (b) of the question.
Note amendment to subdivision 5 regarding the method of notification: By certified mail or electronic transmission or, with consent of the victim, by regular mail.
CPL 380.60
Select the correct answer.
Which one of the following papers is authority for the execution of sentence?
(a) Warrant of execution
(b) Order of commitment
(c) Form of judgment
(d) Certificate of conviction.
Answer: (d)
Choice (d) is correct (CPL 380.60).
CPL 380.70
Select the correct answer.
In the case of an indeterminate or determinate sentence, a certified copy of the stenographic minutes of the sentencing proceeding must be delivered by the court to the person in charge of the institution to which the defendant is delivered, within:
(a) ten days
(b) thirty days
(c) sixty days
(d) ninety days.
Answer: (b)
Choice (b) is correct (CPL 380.70).
Note that this CPL section is deemed repealed eff. 9/1/23, per Ch. 55, L. 2021.
CPL 380.85
Whenever a person who is a licensed physician is sentenced for a crime, the sentencing court must deliver a copy of the certificate of conviction and provide notification of the conviction and sentence to:
(a) the hospital or medical office employing the physician
(b) the office of professional medical conduct
(c) the registered physician patient list
(d) the county medical association in which the physician has his or her practice.
Answer: (b)
Choice (b) is correct (CPL 380.85).
CPL 380.90
Select the correct answer.
As for notification by the court to the designated education official that an enrolled student of the school has been sentenced for a crime, such notification can be used for which of the following purposes.
1. expelling or suspending the student
2. in conjunction with executing the student’s educational plan, successful school adjustment and reentry into the community
3. to be placed in the student’s permanent school record
(a) 1, only
(b) 2, only
(c) 1 and 2, only
(d) 1, 2 and 3.
Answer: (b)
CPL 380.90 indicates that the notification should be used only for the limited purpose stated in answer (b). The notification must not become part of the student’s permanent school record.
CPL 390.20-2
Select the correct answer.
In the case of a misdemeanor conviction where there is no presentence report, a judge may impose which one of the following sentences?
(a) Probation one year
(b) Probation three years
(c) Sixty days imprisonment
(d) Ten months imprisonment.
Answer: (c)
Choice (c) is correct (CPL 390.20-2).
A sentence of probation generally requires a presentence report. Imprisonment in excess of 180 days generally requires a presentence report.
CPL 390.20-3
Select the correct answer.
For the purpose of sentencing, the court may order a pre-sentence investigation and report:
(a) only for felonies
(b) only for felonies and misdemeanors
(c) in any case
(d) only when the defendant has requested such a report.
Answer: (c)
Choice (c) is correct (CPL 390.20-3).
CPL 390.40
Select the correct statement concerning pre-sentence reports to a court:
(a) Both defendant and the people may file pre-sentence memoranda with the court
(b) Pre-sentence reports submitted to a court by its probation department are confidential, and may not be seen by defendant or his attorney
(c) The court may always order a thorough physical and mental examination in a designated facility, as part of a pre-sentence report
(d) A victim is required by CPL to supply information for a victim impact statement forming part of a pre-sentence report.
Answer: (a)
Choice (a) is correct (CPL 390.40).
Choice (b) is incorrect, for CPL 390.50-2 provides that the court make the report available for examination and copying by the prosecutor, defendant’s attorney, or defendant if unrepresented by counsel.
Choice (c) is incorrect because CPL 390.30-2 provides for a thorough physical or mental examination, on court order, in the case of a felony, a class A misdemeanor or a person under age twenty-one who is convicted of a crime.
Choice (d) is incorrect because CPL 390.30-3(b) specifically is to the contrary.
