CPL Articles 320-390

Question 1

CPL 320.10 A defendant may waive a jury trial except where indictment charges _________.

Answer 1

Murder in the first degree.

Question 2

CPL 320.20 T/F? In a single judge trial of an indictment, opening and closing statements are discretionary with the judge.

Answer 2

False. Judge must allow opening and closing statements.

Question 3

CPL 320.20 T/F? The order of trial is the same as in a jury trial of an indictment.

Answer 3

True

Question 4

CPL 330.10 What must the court do immediately after a verdict of complete acquittal?

Answer 4

discharge the defendant if he is in the custody of sheriff, or if he is on bail, exonerate his bail.

Question 5

CPL 330.10 An examination orders a defendant to submit to psychiatric examination for up to initial period of up to _____ days.

Answer 5

30

Question 6

CPL 330.20 A first retention order is for a maximum period of _____.

Answer 6

1 year

Question 7

CPL 330.20 Second retention order and subsequent retention order are up to maximum period of ________.

Answer 7

2 years

Question 8

CPL 330.20 An order of conditions is valid for a period of _____ years and can be extended an additional ______ years.

Answer 8

5 years / 5 years

Question 9

CPL 330.25 A case where defendant is a juvenile offender and verdict is guilty, may upon motion be removed to the family court, except where found guilty of _________.

Answer 9

Murder in the second degree

Question 10

CPL 330.20 Dangerous mental disorder means that defendant is mentally ill and _________.

Answer 10

is a risk to himself and others.

Question 11

CPL 330.20 A commitment order is a period of _______.

Answer 11

6 months

Question 12

CPL 350.20 T/F? A JHO does not have the same powers as a judge.

Answer 12

False

Question 13

CPL 350.10 T/F? In a non-jury trial in a LCC the court must allow opening statements.

Answer 13

False. MAY

Question 14

CPL 350.20 T/F? A JHO may be assigned to conduct any trial in a LCC.

Answer 14

False. Not when the charges include an A misdemeanor.

Question 15

CPL 360.10 A trial jury in a LCC consists of _____ jurors.

Answer 15

6

Question 16

CPL 360.15 A challenge to the entire panel of jurors must be made before _________.

Answer 16

jury selection begins

Question 17

CPL 360.15 A challenge to the entire panel of jurors may be made only by ______.

Answer 17

The defendant

Question 18

CPL 360.15 T/F? Challenge to entire panel of jurors may be made oral if time doesn’t permit written challenge.

Answer 18

False. Challenge must be made in writing.

Question 19

CPL 360.30 In a LCC trial how many peremptory challenges are allowed for the people? All the defendants combined? ______

Answer 19

3 peremptory challenges are allowed for the people. 3 peremptory challenges are allowed for all the defendant’s combined.

Question 20

CPL 360.35 In a LCC trial ____ peremptory challenge(s) is/are allowed in the selection of alternate jurors.

Answer 20

1 peremptory challenge

Question 21

CPL 380.20 T/F? The court does not have to pronounce a sentence on each court.

Answer 21

False- court MUST

Question 22

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.

Answer 22

10 days / 7 days

Question 23

CPL 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 defendant’s escape, discharge, parole, conditional release, release to post-release supervision, transfer to the custody of the office of mental health or release from confinement.

Answer 23

60 days

Question 24

CPL 380.30 T/F? The court may not sentence the defendant at the time conviction is entered.

Answer 24

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.

Question 25

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.

Answer 25

True

Question 26

CPL 380.40 T/F? Except where the defendant is a corporation, the defendant must always be present at the time sentence is pronounced.

Answer 26

False. For misdemeanor or petty offense, court may upon motion of defendant dispense with requirement that defendant be present.

Question 27

CPL 380.60 In general the document that serves as the authors for the execution of sentence and serves as the order of conviction is _________.

Answer 27

Certificate of conviction

Question 28

CPL 380.70 Where there is an indeterminate, or determinate sentence. A certified copy of minutes of sentence must be delivered to person in charge of institution within ______ days from date sentence was imposed.

Answer 28

30 days

Question 29

CPL 380.97 Upon judgment of conviction for assault and other listed misdemeanors, the clerk of court shall send a copy of written determination to the DCJS to enable DCJS to report determination to FBI to identify persons prohibited from purchasing and possessing _________.

Answer 29

Firearms

Question 30

CPL 390.20 On a misdemeanor conviction a pre-sentence report is required where there are consecutive sentences of imprisonment totaling more than ____ days.

Answer 30

90 days

Question 31

CPL 390.15 Generally, request for HIV testing must be made within ___ days after entry of defendant’s conviction.

Answer 31

10 days

Question 32

CPL 390.20 T/F? A pre-sentence report is required where a person is convicted of a misdemeanor for a term of 180 days or more?

Answer 32

False. A term in EXCESS of 180 days.

Question 33

CPL 390.40 The prosecutor’s pre-sentence memorandum must be served on defendants attorney at least ____ days prior to the date of sentence.

Answer 33

10 days

Question 34

CPL 390.50 Pre-sentence report must be made available to defendant, defendant’s attorney, and prosecutor not less than ____ court day(s) prior to sentencing.

Answer 34

1 court day

Question 35

CPL 390.60 T/F? Copy of pre-sentence report must accompany the defendant to the correctional facility.

Answer 35

True

Question 36

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.

Answer 36

False. shall NOT