Article 216 Flashcards Preview

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Flashcards in Article 216 Deck (13)
1

T/F? Eligible defendant means person charged in indictment or superior court information with A, B, C, D, or E felony.

False

CPL 216.00 Everything but A felony

2

T/F? A defendant excluded for eligibility as an eligible defendant May become an eligible defendant upon the prosecutor's consent

True

CPL 216.00

3

T/F? Upon request by an eligible defendant at any time after arraignment, the court may order an alcohol and substance abyse evaluation

False

CPL 216.05

4

At proceeding to determine whether a defendant is an eligible defendant for diversion, the court MAY/MUST consider oral and written arguments, MAY/MUST take testimony from witnesses offered by either party, MAY/MUST consider other relevant evidence

MAY, MAY, MAY

CPL 216.05

5

T/F? Generally, if court determines that defendant should be offered diversion, or where parties agree to diversion, the defendant shall be required to enter a plea of guilty

True

CPL 216.05

6

T/F? Upon receipt of defendant's agreement to abide by the release conditions, the court shall issue a securing order (bail, ROR, or conditional release)

True

CPL 216.05

7

Court retains jurisdiction during diversion treatment and may order court appearance. Court shall provide notice of court appearance to the people _______, the defendant. and defendant's counsel.

the treatment provider

CPL 216.05

8

T/F? Defendant may at any time advise the court that he or she wishes to terminate participation in the judicial diversion program

True

CPL 216.05

9

Which of the following is false? A defendant is not eligible for diversion program if
A. defendant is charged with an A felony
B. defendant was previously convicted within last 10 years of violent felony
C. defendant was previously adjudicated second violent felony offender
D. convicted of a misdemeanor offense

D. convicted of a misdemeanor offense

CPL 216.00

10

Which is false? Alcohol and substance abuse evaluation shall contain
A. evaluation of substance or alcohol abuse history
B. recommendation as to whether or problem can be effectively addressed by judicial diversion
C. recommendation as to treatment plan
D. other information, even if not deemed relevant by assessing entity or requested by the court

D. other information, even if not deemed relevant by assessing entity or requested by the court

CPL 216.00

11

Which is false? At a proceeding to determine if defendant is eligible for diversion program, the court
A. may consider oral arguments
B. may consider written arguments
C. must take testimony from witnesses offered by either party
D.may consider other relevant evidence

C. must take testimony from witnesses offered by either party

CPL 216.00

12

Which of the following 2 statements are true? If court determines that defendant should be offered diversion, or where parties agree to diversion, the defendant shall be required to enter a plea of guilty, EXCEPT when
1. the people and the court consent to entry of diversion order without a plea of guilty
2. court finds exceptional circumstances
A. Only statement 1 is true
B. Only statement 2 is true
C. Both are true
D. Both are false

C. Both are true

CPL 216.05

13

Upon successful completion of diversion program, court may
1. order interim probation supervision and upon completion permit the defendant to withdraw guilty plea and dismiss the indictment
2. order interim probation supervision and upon completion permit defendant to withdraw guilty plea and enter a guilty plea to a misdemeanor and sentence the defendant
3. allow defendant to withdraw the guilty plea and dismiss the indictment
A. Only 1 and 2 are true
B. Only 1 and 3 are true
C. Only 2 and 3 are true
D. All 3 are true

D. All 3 are true

CPL 216.05