Article 410 Flashcards Preview

Criminal Procedure, Penal Law, Uniform Rules, Vehicle and Traffic Law > Article 410 > Flashcards

Flashcards in Article 410 Deck (12)
1

The court may terminate a period of lifetime probation when person has been on unprovoked probation for at least __ consecutive years

5

CPL 410.90

2

Court may make a delectation of delinquency where it believes that defendant violated a condition of the sentence of probation or conditional discharge. Court must then cause defendant to appear for a final determination of the alleged delinquency. If request is from probation officer, court must make a decision within _____ hours.

72 hours

CPL 410.30

3

A person on probation is in legal custody of ___ and under supervision of ____.

the court; the probation department

CPL 410.40-50

4

The court may NOT revoke a sentence of probation unless: (2 requirements)

it finds defendant violated a condition; it has given the defendant an opportunity to be heard

CPL 410.70

5

Court may at any time terminate a period of conditional discharge or probation, other than _________.

lifetime probation

CPL 410.90

6

T/F? Defendant must be present if court relaxes or eliminated one of the conditions of probation

False

CPL 410.20

7

When the court relaxes the conditions of probations and the defendant is not present, the court must notify the defendant within _______ days of such modification

20 days

CPL 410.20

8

Choose the best answer. If court has reasonable cause to believe that a condition of sentence has been violated, court may at any time
A. order the defendant to appear within 10 court days
B. order the issuance of a bench warrant (or deny bench warrant within 72 hours of request by probation)
C. both
D. neither

C. both


CPL 410.40

9

Choose the best answer. The court may not revoke a sentence of probation or conditional discharge unless
A. court found defendant has not violated a condition
B. defendant has had an opportunity to be heard
C. neither
D. both

B. defendant has had an opportunity to be heard


CPL 410.70

10

Which of the following regarding a hearing on violation is false?
A. hearing must be a summary one
B. Hearing must be with a jury
C. Defendant may present evidence in his own behalf
D. Finding must be based upon a preponderance of the evidence

B. Hearing must be with a jury

CPL 410.70

11

In a sentence of probation or conditional discharge commission of another offense (other than traffic infraction)
A. constitutes grounds for revocation of sentence in any case
B. constitutes grounds for revocation of sentence only if so specified as a condition of sentence
C. constitutes grounds for relaxation of conditions
D. none of the above

A. constitutes grounds for revocation of sentence in any case

CPL 410.10

12

Defendant must be present where the court
A. relaxes conditions of conditional discharge
B. modifies any condition of probation
C. relaxes condition of conditional discharge or probation
D. enlarges any condition of probation

D. enlarges any condition of probation

CPL 410.20