CPL 195-390 Flashcards
(160 cards)
1
Q
CPL 195.10 T/F? Waiver of indictment may be made in LCC or superior court.
A
True
2
Q
CPL 195.10 T/F? Waiver of indictment may not be made when offense is a class b or C felony.
A
False. May be made (Cannot if charged with A felony)
3
Q
CPL 195.10 T/F? For a defendant to waive indictment, consent of the DA is needed.
A
True.
4
Q
CPL195.20T/F? When indictment is waived in a LCC, the DA must file a superior court information within _____days of of the order approving the wavier.
A
10
5
Q
CPL 195.20 Waiver of indictment must be signed in open court and in presence of defendant’ s attorney.
A
True
6
Q
Which of the following is false? A waiver of indictment:
A. Must contain name of court in which it is executed.
B. Must contain the endorsement of the attorney for the defendant.
C. Must list name of offenses to be charged in superior court information.
D. Must list approximate time. & place of offenses to be charged in superior court information
A
B (CPL 195,20) Must contain endorsement of DA.
7
Q
With respect to waver of indictment, case is deemed pending in the LCC until:
A. The waiver is signed in open court
B. The DA consents in writing
C. Written waiver is mailed to superior court.
D. None of the above
A
D. (CPL 195.20) The written waiver and court approval are received by the superior court.
8
Q
Which of the following is not correct? A wavier of indictment:
A. May be in writing.
B. Must contain waiver of indictment.
C. Must contain consent to be prosecuted by superior court information.
D. Cannot be executed without the consent of the ADA
A
A (CPL 195.20) MUST be in writing
9
Q
When an indictment is waived in a LCC the DA must file a superior court information in superior court within _____ days of execution of court order approving the waiver.
A. 1 b. 5 C. 10 D. 14
A
C (CPL 195.40)
10
Q
Which of the following relating to waiver of indictment are correct?
1. Must contain the title of the action
2. Must be in writing
3. Must state approximate date of offense
A. 1 & 2 only B. 3 only
C. 1 & 3 only D. 1, 2 & 3
A
D (CPL 195.20)
11
Q
CPL 200.20 T/F? An indictment may not charge a petty offense.
A
False. May do if joinable with crime charged.
12
Q
CPL 200.50 An indictment must contain signature of the foreman or acting foreman and signature of ___________.
A
DA
13
Q
CPL 200.70 T/F? An indictment may be amended to correct a misjoinder of offenses of defendants.
A
False
14
Q
The two accusatory instruments of the superior courts are:
A. Felony complaint and indictment.
B. Summons issued b superior court and indictment
C. Indictment a superior court warrant of arrest.
D. Indictment and superior court information.
A
D (CPL 200.10)
15
Q
Choose the best answer. A request for a bill of particulars on an indictment:
A. Is served by the people on the defendant. B. Shall not be made without leave of court.
C. Both A and B are correct. D. Both A and B are incorrect
A
D. (CPL 200.95)
16
Q
An indictment may not be amended for any of the following reasons:
1. A misjoinder of offenses.
2. Legal insufficiency of the factual allegations.
3. A failure to charge or state an offense
4. A misjoinder of defendants.
A. 1, 3, and 4 only B. 1, 2, 3, and 4
C. 1, 2 and 3 only D. 2 and 3 only
A
B (CPL 200.70)
17
Q
Which of the following statements are false? An indictment must contain:
1. The name of the criminal court where felony complaint was filed.
2. The title of the action
3. The signature of the DA.
4. Signature of foreman of the grand jury.
A. 1 only B. 1 and 3 only
C. 1 and 4 only D. 4 only
A
C, (CPL 200.50)
18
Q
Choose the best answer: which of the following statements relating to indictments is true?
A. Each court must charge one offense only. B. A indictment can charge crime(s) only.
C. both A and B are false D. Both A and B are true.
A
A (CP: 200.20 and 200.30)
19
Q
Which of the following statements relating to an indictment is incorrect?
A. Indictment is a written accusation by grand jury. B. An indictment is filed with a superior court
C. Indictment charges person(s) at least 1 crime
D. An indictment shall not charge a petty offense.
A
D. (PL 200.10)
20
Q
CPL 215.10 T/F? An ACD for the purposes of referring to dispute resolution may be issued for any felony.
A
False May be issued only for selected felonies (read section again)
21
Q
CPL 215, 10 T?F? an ACD my bee ordered by the judge after final disposition of the case.
A
False. May be issued PRIOR to the final disposition of case.
22
Q
CPL 215.10 T/F? For judge to order and ACD there must be consent of people end defendant
A
True
23
Q
CL 215.30 T/F? Upon issuing and ACD, court must release defendant on his own recognizance and refer action to dispute resolution.
A
True
24
Q
CPL 215.30 T/F? Dispute resolution center must advise the DA whether the charges against the defendant have been resolved no later than 30 days after referral by the judge.
A
False 45 days
25
CPL 215.30 T/F? After a case has been referred to a dispute resolution center and 45 day report has been made, if defendant has agreed to pay a fine, restitution or reparation the dispute resolution center must advise DA every 30 days of status of such fine, restitution or reparation.
True.
26
CPL 215.30 T/F? if defendant does not pay fine, restitution, or reparation, court upon application of people made not later than six months after issuance of ACD, May restore case to the calendar.
False. Not later than ONE year after issuance of ACD
27
CPL 215.40 T/F? The papers in an action shall be sealed upon issuance of an ACD.
False. Upon DISMISSAL of the action all records relating to the action shall be sealed.
28
The ACD may be ordered at or after arraignment and before final disposition in local criminal court on a felony complaint and:
A. After disposition in a superior court. B. At or after arraignment and fore final disposition in superior court. C. Before or final disposition in a local criminal court. Donne of the above.
B (CPL 215.10)
29
For judges to order an ACD there must be:
1. Consent of the people 2. Consent of defendant 3. Reasonable notice to victim and an opportunity to be heard
A. 1 and 2 only
B. 1 and 3 only
C. 1, 2, and 3 only
D. 2 and 3 only
C (CPL 215.15)
30
Victim as per 215, is defined as a person alleged to have sustained physical or financial injury to person or property as a direct Or financial injury to person or property as directed result of crime(s) charged in a :
1. Felony 2. Superior court information 3.superior curt information 3, indictment
A. 1,2,and 3’ b, 2 and 3 only C 1 and 3. D, 1 and 2 only
1 A (CPL 215.20)
31
Upon dismissal of action pursuant to CPL 215:
1. The arrest and prosecution shall be deemed a nullify
2. Defendant shall be restored to pre-arrest and prosecution status.
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
C (CPL 215.40)
32
CPL 220.30 T/F? The entry and acceptance of a plea of guilty to part of an indictment constitutes disposition of the entire indictment.
True
33
CPL 220.50 T/F? All peas to an indictment must be entered orally.
False
34
CPL 220.60 T/F? A defendant may in certain cases plead guilty to murder in the first degree.
True
35
CPL 220.15 Plea of not responsible by reason of mental disease or defect must be with permission of __________.
The court (and consent of the people)
36
CPL 220.50 Plea by corporation must be entered by ___________
Counsel
37
CPL 220.50 If defendant refuses to enter a plea, a plea of _________must be entered by court.
Not guilty
38
CPL 220.60 In certain cases the DA may recommend removal to the FC. Upon accepting such a plea, such plea shall be deemed to be ___________
A juvenile delinquency fact determination (and when it arrives in family court the matter will then proceed as if the fact-finding had already taken place and will now go to disposition)
39
CPL 260.20 T/F? In a trial of an indictment, trial cannot proceed unless defendant is present.
False
40
CPL 260.20 T/F? If a defendant is disruptive in a courtroom, he may be removed, and the trial shall continue.
False.
41
In the trial of an indictment, the defendant must deliver a closing statement.
False. May
42
CPL 260.20 T/F? In a trial of an indictment trial another proceed unless defendant is present.
False
43
CPL 260.20 T/F? If a defendant is disruptive in a courtroom, he may be removed and the trial shall continue.
False - he must be warned this would happen first
44
CPL 260.30 The people MAY or MUST deliver an opening address to the jury?
MUST
45
CPL 260.30 The people MAY or MUST offer evidence in support of the indictment?
MUST
46
CPL 260.30 The people and defendant MAY or MUST deliver a summation to the jury?
MAY
47
CPL 260.10 Generally, a defendant may waive a jury trial EXCEPT where charge is _____________.
Murder in the first degree
48
Which of the following statements is correct? In a trial of indictment a defendant may:
A. Waive a jury trial except for class A and B felonies.
B. Waive a jury trial in all cases
C. Waive a jury trial except where charge is murder in the first degree.
D. Waive a jury trial except where the charge is A, B, or C felony
C. (CPL 260.10)
49
Which of the following statements relating to a jury trial is false?
A. The jury must be selected and sworn.
B. The court must deliver preliminary instructions to the jury. C. The people must deliver an opening address to the jury.
D. The defendant must deliver an opening address to the jury.
D (PL 260.30)
50
Which of the following statements s false? In a jury trial:
A. People must fear evidence in support of indictment.
B. Defendant may offer evidence in his defense.
C. People must offer evidence in rebuttal
D. Defendant may deliver a summation to the jury.
C (CPL 260.30)
51
Which of the following statements is false? At the conclusion of evidence:
A. The defendant may deliver a summation to the jury
B. The people may deliver a summation to the jury
C. The court may then deliver a charge to the jury.
D. The jury must retire and deliberate and if possible render a verdict.
C. (CPL 26.30)
52
Which of the following 3 statements are correct?
1. A defendant may waive a jury trial in all cases.
2. A defendant may not waive a jury trial in some cases.
3. A defendant may not waive a jury trial for a B felony.
A. 1 only B. 2 & 3 only C. 3 only D. 2 only
D. (CPL 260.10)
53
CPL 270.05 A jury in the trial of an indictment consists of ___________ jurors.
12
54
CPL 270.10 A challenge to the entire panel of jurors may be made only by the
Defendant
55
CPL 270.15 Who must use their peremptory challenge first people or the defendant
The people
56
CPL 270.25 Number of peremptory challenges where the charge is a D felony is ____________.
10 for each side
57
CPL 270.25 Number of peremptory challenges where highest crime charged is A felony is ________
20 peremptory challenges
58
CPL 270.25 T/F? In a trial of an indictment, a peremptory challenge must be allowed if the majority of defendants join in the challenge.
True
59
CPL 270.30 The maximum number of alternate jurors in the trial of an indictment is ___________.
6
60
CPL 270.35 Once a jury has stated its deliberations in the trial of an indictment, the permission of the ____________is needed for a discharged juror to be replaced.
The defendant
61
CPL 270.50 T/F? When a jury views a premises, the defendant must be present.
False
62
CPL 270.50 T/F? When a jury views a premises, a court officer must bee present.
False
63
A jury in the trial of an indictment consists of _________jurors.
12(CPL 270.05
64
Which of the following is false? In a trial of an indictment, each side has the following peremptory challenges:
A. Class A felony: 20 for regular jurors; 2 for each alternate.
B. B or C felony: 10 for regular jurors; 2 for each alternate.
C. Other than A, B and C felony: 10 for regular jurors; 2 for each alternate.
D. D felony; 10 for regular jurors; 2 for each alternate..
B (CPL 270.25)
65
In a criminal case, when two or more defendants are tried jointly, the number of peremptory challenges:
A. Is multiplied by the number of defendants. B. Is increased as per order of the court
C. Increases for regular jurors, but remains the same for alternate jurors.
D. Remains the same.
D (CPL 270.25)
66
The maximum number of alternate jurors in the trial of an indictment is:
A. 2
B. 12
C. As directed by court, but not more than 6
D. As directed by court, but not more than 4
C (CPL 270.30)
67
If the trial jury as begun its deliberations and one of jurors cannot continue:
A. The court may on to own motion replace the juror.
B. The court may replace the juror if the DA consents.
C. The court may replace the juror if the defendant consents.
D. The court must declare a mistrial
C (CPL 270.35)
68
Which of the following rating to. Jury viewing of premises is not correct?
A. Jury must e kept together throughout.
B. Jury must be under the supervision of appropriate public servants appointed by the court.
C. Prosecutor, defendant, and counsel may as a matter of right be present
D. Court may be present throughout.
D (CPL 270.50)
69
CPL 280.20 T/F? Upon a new trial, following a mistrial, indictment is deemed to contain all counts it contained at start of trial, regardless of whether any count was thereafter dismissed by court prior to mistrial.
True
70
CPL 280.10 Court MUST declare a mistrial upon a motion of either party or on its own motion when ___________
It is physically impossible to proceed with trial in conformity with law
71
CPL 280.20 On a new trial, following a mistrial declared when it is physically impossible to proceed in conformity with law,the indictment is deemed to contain__________
ALL the counts that it contained at the start of the trial.
72
The court can declare a mistrial and order a new trial:
A. Only before conclusion of people’s case.
B. Only before conclusion of defendant’s case.
C. Only before summation by people.
D. At any time during trial under certain circumstances.
D (CPL 280.10) read article.
73
Upon a new trial from an order declaring a mistrial the indictment is deemed to contain:
A. All the counts it contained at the time previous trial was commenced..
B. All the counts not dismissed during trial ended by order of mistrial.
C. lol the punts listed in judges order of mistrial. D. All the cunts originally contained in felony complaint used for indictment..
A (CPL 280.20)
74
CPL 300.30 Types of counts where guilty of the offense charged in one necessarily negates guilt of the offense charged in the other are known as __________counts.
Inconsistent
75
CPL 300.30 CONCURRENT COUNTS are two or more counts upon which concurrent ________ may be imposed.
Sentences
76
CPL 300.40 Every count not submitted to the jury is deemed ___________.
To have been dismissed by the court
77
CPL 300.50 Verdict of guilty to a lesser included offense is deemed _________of every greater offense submitted.
An acquittal
78
Which of following choices relating to the following two statements is correct?
A. A count not submitted to the jury is deemed dismissed by the court.
B. If indictment contains 2 inconsistent counts, court must submit both counts
A. Only a is correct. B. Only b is correct C. Both a & b are correct
D both a & b are false/
A (CPL 300.40 and 300.40(7))
79
When guilty of offense charged in one count negates guilt of offense charged in other, counts are said to be:
A. Consecutive or conclusory counts
B. Concurrent counts or conclusory counts
C. Incusory concurrent counts
D. inconsistent counts
D. CPL 300.30)
80
With respect to requests to charge, which of the following statements is false?
A. The parties may submit requests to charge in writing.
B. The parties may submit requests to charge orally
C. The court my rule promptly upon each request
D. Failure of court to rule on request is deemed a denial thereof.
C (CPL 300.10)
81
Which of he following is not a fundamental legal principle applicable to criminal cases?
A. Presumption of defendant’s innocence B. Requirement that jury not speculate concerning sentences or punishment. C requirement that defendant testify in his own behalf.
D. Requirement that guilt be prove beyond a reasonable doubt.
C (CPL 300.10)
82
CPL 310.10 T/F? A jury may deliberate in a place inside the courtroom.
False
83
CPL 310.20 Upon retiring to deliberate the jurors may take with them ________
Any exhibits received in evidence at the trial which the court after according the parties an opportunity to be heard permits them to take.
84
CPL 310.20 T/F? The defendant must be present if court gives jurors additional instructions or information.
True
85
CPL 310.30 When may a Judge give copies of a statute to the jury?
IF jury requests AND parties consent
86
CPL 340 Who must be present in the courtroom when the foreperson announces the verdict?
The court, a prosecutor, the defendant’s counsel and the defendant.
87
CPL 310.80 T/F? After a verdict has been rendered jurors must be individually asked if such is their verdict.
False. Collectively asked (Must be individually asked if there is a request by either side that jury be polled)
88
CPL 310.80 If the court orders that a verdict be replaced by a JD fact determination the court must order the action removed to the family court pursuant to ___________
CPL 725
89
Upon retiring to deliberate jurors may take with them exhibits received in evidence at the trial which:
A. The court, after hearing both attorneys, permits the jurors to take.
B. Were also marked for identification.
C. The defendant and the people do not object to
D. A majority of the jurors demand to take into the jury room.
A. (CPL 310.20)
90
The jurors may take with them a copy of any statute if:
A. Jury demands and there is no objection by either side. B. Jury asks for it and both sides and court consent C. Jury asks for it and defendant and court consent. D. Jury asks for it and the statute is NYS law.
B (CPL 310.30)
91
If the court accepts a verdict which is defective or incomplete because the jury did not render a verdict upon every count such verdict is deemed an acquittal upon every count .A. Submitted to the jury
B. Not submitted to the jury. C. Improperly ignored in the verdict. D. None of the above.
C (CPL 310.50)
92
Which is false? Deliberating jury may be discharged by our T without having rendered a verdict when:A. Jury deliberated extensively, and court decides to discharge jury B. A mistrial is declared pursuant to 280.10 C. Court, defendant. And people all consent to such discharge. D. Jurors do not wish to continue deliberations..
D (CPL 310.50)
93
Which of the following is correct? After a verdict has been rendered: A. It does not have to be recorded in the minutes. B. The jurors must bee immediately discharged. C. Jurors must be collectively asked if such is their verdict. D. Jurors re not required to be present in courtroom when verdict is read.
C (CPL 310.70)
94
Which of the following statements regarding jury deliberations is false?
A. Jury retires to deliberate following court’s charge. B. Jury must deliberate i a place outside courtroom C. The jury must be kept continuously together. D. Court officer(s) must supervise the jurors..
D (CPL 310.10)
95
CPL 320.10 A defendant may waive a jury trial except where indictment charges ___________
Murder in the first degree
96
CPL 320.20 T/F? In a single judge trial of an indictment opening and closing statements are discretionary with the judge.
False. Judge must allow opening and closing statements.
97
CPL 320.0 T/F? The order of trial is the same as in a jury trial of an indictment.
True
98
Which of the following is correct? A waiver of a jury trial must:
A. Be done orally.
B. be signed by the people in open court.
C. Be with the approval of the court.
D. None of the above are correct.
C (CPL 320.10)
99
In a non-jury trial of an indictment:
A. Court must permit opening addresses by parties.
B. Court must permit summations by parties.
A. Only a is correct. B. Only b is correct.
C. Both a & b are correct. D. Bothe a & b are incorrect.
C (CPL 320.20)
100
A defendant may waive a jury trial:
1. For all class A and Class B misdemeanors 2. For all felonies defined in the Penal Law
3. For all felonies except where the charge is murder in the first degree.
A. 1 only. B. 1 & 2 only C. 1 & 3 only D. 2 & 3 only
C (CPL 320.10)
101
CPL 330.20 Dangerous mental disorder means that defendant is mentally ill and _________
Is a risk to himself and others
102
CPL 330.20 A commitment order is for a period of ___________.
6 months
103
CPL 330.20 A first retention order is for a maximum period of ________.
One year
104
CPL 330.20 Second retention order and subsequent retention order are up to maximum period of __________.
2 years
105
CPL 330.20 An order of conditions is valid for a period of ______ years and can be extended an additional ____ years.
5 ….. 5
106
Which of the following orders is paired incorrectly with its definition?
A. Examination order: orders a defendant to submit to a psychiatric examination.
B. Commitment order: confinement in a secure facility for 6 months from date of order.
C. First retention order: up to 6 months detention
D. Second retention order up to 2 years detention
C (CPL 330.10)
107
Which of the following orders is paired incorrectly with its definition?
A. Subsequent retention order: up to two years detention
B. Furlough order up to 30 days leave for facility
C, transfer order: transfer from a secure to non-secure facility
D. Release order: terminates defendant’s i-patient status without terminating the commissioner’s responsibility for the defendant.
B (CPL 330.10)
108
Order of conditions: valid for ______ years and may be extended by the court for ______ years for good cause shown (directs defendant to comply with prescribed treatment plan or if defendant is in custody not to leave the facility without authorization.
A. 1 ….1
B. 3 ….3
C. 5 …..10
D. 5 …..5
D (CPL 330.10)
109
Upon the entry of a verdict of not responsible by reason of mental disease or defect or acceptance of a plea of not responsible by reason of mental disease or defect, the court MUST:
A. Unconditionally discharge defendant form custody.
B. Issue an examination order.
C. Release defendant on his own recognizance or order bail
D. None of the above
B (CPL 330.10)
110
CPL 340.20 T/F? A plea to an information must be entered orally in person.
False
111
CPL 340.20 A plea to an information against a corporation must be entered by_________
Counsel
112
CPL 340.40 T/F? Defendant charged with a misdemeanor is in all cases entitled to a jury trial,
False. In NYC entitled to jury trial only if misdemeanor sentence is more than 6 months.
113
CPL 340.40 T/F? Defendants who is DISRUPTIVE ma be ordered removed by court and trial will continue.
False. A defendant who is disruptive AND IS WARNED and then is disruptive again may be removed.
114
A defendant who conducts itself in so disorderly and disruptive a manner that his trial cannot be carrried on with him i courtroom:
A. May be removed from the courtroom & the trial will proceed.
B. May be declared guilty.
C. Must be held for psychiatric examination.
D. May be removed from courtroom if previously warned by the court
D. (CPL 340.50)
115
Which of following statements relating to local criminal court is false?
1. Generally defendant must be present at trial. 2. Trial of a youthful offender eligible youth shall not be a single judge trial. 3. All LCC trials must be single judge trials.
A. 1 & 3 only
B. 1, 2, & 3
C. 1 only
D. 2 & 3
D (CPL 340.40)
116
Which of the following statements relating to LCC proceedings is false? 1. A plea to an information may in certain cases be entered by counsel. 2. A plea to an information against a corporation must be entered by counsel. 4. Generally, a pleas to an information against a person is entered by person. 4 President of a corporate defendant may enter a plea for the corporation.
A. 1 & 4 only. B. 4 only
C 2 & 3 only. D. 1 only
B (CPL 340.20)
117
A defendant charged with a misdemeanor in a LCC: 1. Must have a single judge trial
2. May not waive a jury trial in some cases.
3. Is not entitled to a jury trial in some cases.
A. 2 only B. 2 & 3 only
C. 1 only. D. 3 only
D (CPL 340.40
118
CPL 350.20 T/F? A JHO does not have the same powers as a judge.
False, a judicial hearing officer does have the same powers as a judge
119
CPL 350.10 T/F? In a non-jury trial in a LCC the court must allow opening statements.
False, the court MAY allow opening statements.
120
CPL 350.20 T/F? A JHO may be assigned to conduct any trial in LCC.
False, a JHO cannot conduct a trial when the charges include an A misdemeanor.
121
CPL 350.10 Which of the following statements relating to a non-jury trial in a LCC is false?
A. The order of evidence is different from that in a jury trial of an indictment.
B. The court must render a verdict upon each count not previously dismissed.
C. The curt must consider the case and render a verdict.
D. The court in its discretion may permit parties to deliver summations.
A. The order of evidence is different from that in a jury trial of an indictment. (Correct-evidence is the SAME)
122
CPL 350.20 Which of the following relating to trial by a judicial hearing officer (JHO) in a LCC is false?
A. JHO determines all questions of law.
B. JHO acts as exclusive trier of all issues of fact.
C. JHO must render a verdict.
D. JHO trial must occur upon motion of defendant.
D. JHO trial must occur upon motion of defendant.
123
CPL 350.10 Which of the following statements relating to non-jury trials n a LCC is false?
A. The judge determines all questions of law.
B. The judge is the exclusive trier of all issues of fact.
C. The court MUST render a verdict.
D. The court may permit opening addresses and may permit closing statements.
C The court MUST
124
CPL 360.10 A trial jury in LCC consists of _________jurors.
6 jurors
125
CPL 360.15 A challenge to the entire panel of jurors must be made before ______.
Jury selection begins
126
CPL 360.15 A challenge to the entire panel of jurors may be made only by _____________
The defendant
127
CPL 360.1 T/F? Challenge to the entire panel of jurors may be made
orally if time doesn’t permit a written challenge
False. Challenge must be made in writing
128
CPL 360.30 In a LCC trial how many peremptory challenges are allowed for the people? All the defendants combined?___________?
3 peremptory challenges for the people, 3 peremptory challenges for all defendants combined.
129
CPL 360.35 In a LCC trial ________peremptory challenge(s) is/are allowed in the selection of the alternate jurors.
1 peremptory challenge
130
CPL 360.30 Peremptory challenges allowed in a lower criminal case are:
A. 3 per party(if 2 or more defendants, they are treated as one party)
B. 3 per party (if 2 or more defendant, each gets 3 peremptory challenges).
C. A minimum of 3 per party, plus additional challenges granted by the judge.
D. A maximum of 6 per side.
A. 3 per party (if 2 or more defendants, they are treated as one party.)
131
CPL 360.35 The maximum number of alternate jurors allowed in a LCC case is:
A. 1
B. 2
C. 3, if the court allows
D. 6, if the court allows
B. 2
132
CPL 360.10 A jury trial in a LCC consists of _________jurors.
A 6 B. 8 C. 12 D. 16
A 6 jurors
133
CPL 360.20 T/F? The court does not have to pronounce a sentence on each count.
False. If an accusatory instrument contains multiple counts and a conviction is entered on more than one count. The court must pronounce sentence on each count.
134
CPL 380.40 If defendant is being sentenced on a felony, victim may request to speak. Request must be made at least_____days before sentencing date. Court must notify defendant of request at least ____days before sentencing date.
10 days & 7 days
135
CpPL 380.50 If defendant is in custody after conviction of a violent felony offense, DA must within________days of sentence, provide victim with a form on which victim may indicate a demand to be informed of Defendants escape, discharged, parole, conditional release, release to post-release supervision, transfer to the custody of the office of mental health or release from confinement.
60 days
136
CPL 380.50 When a person is convicted of any of specified crimes, DA must within _______ days of sentence, provide victim with a form on which victim may indicate a demand to be informed of any petition to change the name of defendant.
60 days
137
CPL 380.30 T/F? The court may not sentence the defendant at the tine conviction is entered.
False, The court MaY sentence the defendant at the time that conviction is entered if pre-sentence report or fingerprint report is not required, or if required has been received.
138
CPL 380/30 T/F? If after the court sets the date for pronouncing sentence it decides to have a pre-sentence proceeding, notice of such a proceeding automatically adjourns the date for pronouncing sentence.
True
139
CPL 380.40 T/F? Except where the defendant is a corporation, the defendant must always be present at the time sentence is pronounced.
False, For misdemeanor or petty offense, court may upon motion of defendant dispense with requirement that defendant is present.
140
CPL 380.60 In general the document that serves as the authority for the execution of sentence and serves as the order of conviction is ___________.
Certificate of conviction
141
CPL 380.70 Where there is an indeterminate, or determinate sentence, a certified copy of minutes of sentence must be delivered to person i charge of institution within _____ days from day sentence was imposed.
30 days
142
CPL 380.97 Upon judgment of conviction for assault and other listed misdemeanors, the clerk of the court shall send a copy of written determination to the DCJS to enable DCJS T report determination to FBI to identify persons prohibited fro purchasing and possessing_______
Firearms
143
CPL 380.90 When person under _____ who is enrolled i elementary school or secondary school is sentenced for a crime, sentencing court shall notify the designated educational official. Such notification shall be for purposes of student’s educational plan and shall not be pat of the permanent school record and shall be destroyed at time student is no longer enrolled in school district. If youthful offender, no notification is needed.
A 14 B 15 C 18 19
D 19
144
CPL 380.30 Choose the best answer.
The court may sentence the defendant at the tie of conviction:
A. In all cases
B. If a pre-sentence report or a finger print report is required
C. Where any such report is required, the report has been received.
D. Bothe B and C are correct.
C. Where any such report is required the report has been received.
145
CPL 380.40 Choose the best answer. With reference to sentencing:
A. In general, the defendant need not be preset at time of sentence is pronounced.
B. sentence may be pronounced against a corporation in absence of counnsel
C. Both A and B are correct
D. Both A and B are incorrect.
B. Sentence may be pronounced against a corporation in absence of counsel
146
CPL 30.60 The authority for the execution of a sentence is:
A. Certificate of disposition of judgment
B. Transcript of judgment
C. Certificate of conviction
D. Transcript of disposition of judgment
C. Certificate of conviction
147
CPL 380.70 Where an indeterminate, reformatory or alternative local reformatory sentence is imposed, a certified copy of minutes of sentence proceedings must be delivered to institution within ______ days from date sentence was imposed.
A. 10. B 15. C. 30. D 45
C. 30 days
148
CPL 390.20 On a misdemeanor conviction, a pre-sentence report is required where there are consecutive sentences of imprisonment totaling more than _____ days
90 days
149
CPL 390.15 Generally, request for HIV testing must be made within _____ days after entry of defendant’s conviction.
10 days
150
CPL390.20 T/f? A pre-sentence report is required where a person s convicted of a misdemeanor for a term of 180 days or more.
False. A pre-sentence report is required where a person is convicted of a misdemeanor for a term in excess of 180 days.
151
CPL 390.40 The prosecutor’s pre-sentence memorandum must be served on defendants attorney at least ______ days prior to the date of sentence.
10 days
152
CPL 390.50 Pre-sentence report must be made available to defendant, defendants attorney, prosecutor not less than _______court day(s) prior to sentencing
1 court day
153
CPL 390.60 Memorize parties who can see a pre-sentence report.
1. Any court or probation department of any court within NYS that subsequently has jurisdiction of defendant for purpose of pronouncing sentence,
2 AyS agency (Dept. of correctional services) to which defendant is subsequently committed.
3. Public agencies outside the state may be allowed to see report ( probation, parole, or public institutional agency upon request)
4. Division of Crimianl Justice Servces
5. Professional licensing services MUST be allowed to see report (education law, physicians, specialist’s asst. physician’s asst)
Memorize
154
CPL 390.60 T/F? Copy of pre-sentence report must accompany the defendant to the correctional facility.
True
155
CPL 390.15 T/F? Where a defendant is convicted of a felony sex offense, disclosure of HIV testing results shall be made to the court.
False, disclosure o HIV testing results shall NOT be made to the court, but must be communicated to defendant and victim
156
CPL 490.10 Which of the following choices is not correct?
A fingerprint report from DCJS or a police department report(prior arrest record) is required for sentencing where the defendant is convicted of any of the following:
A. Any felony
B. Misdemeanor defined in the penal law
C.misdemeanor defined outside the penal law
D. Loitering or loitering for purposes of engaging in a prostitution offense
C. This should read “misdemeanor defined outside penal law which constitutes a felony if person had a previous crime conviction”
157
CPL 390.50 Unless waived by the parties, a pre-sentence report must be made available by the court to __________not less than 1 day prior to sentencing.
A defendant’s a attorney, defendant (if no attorney) and prosecutor only
B. Surrogrates court, defendantt’s attorney, defendant (if no attorney) and prosecutor only
C. Defendant and defendants attorney only
D. Prosecutor and defendant’s attorney only
A. Defendant’s attorney, defendant (if no attorney), and prosecutor only
158
CPL 390.20 A pre-sentence report must be ordered when a person is convicted of misdemeanor(s) for which the following sentence will imposed:
A. A sentence of probation
B. Aggregate sentences totaling more than60 days
C. Both A and B
D. Nether A or B
A. A sentence of probation
159
CPL 390.20 Which of the following statements is correct?
A. court may order a pre0sentence report in any case.
B. Court must order a pre0sentence report in a misdemeanor conviction.
C. Court may order pre-sentence report in felony convictions.
D. None of the above
A. Court may order a pre-sentence report in any case
160
CPL 39.10 choose the best answer.
In any case where a defendant is convicted of a felony, the court:
A. May order a pre-sentence investigation
B. Must order a pre-sentence investigation
C. May pronounce sentence prior to receipt of pre-sentence report
D. Both A and C are correct
B. Must order a pre-sentence investigation
