Article 160 Flashcards
A report of the termination of action by conviction for a (criminal? / non-criminal?) offense shall be sufficient notice of sealing to the commissioner of the DCJS
Non-criminal
CPL 160.55
T/F? Upon the termination of a criminal action or proceeding in favor of the accused, the arrest and prosecution shall be deemed a nullity.
True
CPL 160.60
T/F? Upon the termination of a criminal action or proceeding in favor of the accused, the accused shall be restored, in contemplation of law, to the status he occupied before arrest and prosecution
True.
CPL 160.60
T/F If fingerprints of a person arrested are taken, palm prints and a photograph must also be taken
False
CPL 160.10
After arrest and fingerprinting __ set(s) of fingerprints must be sent by police officer/agency to __.
2 sets ; DCJS
CPL 160.20
After receipt of fingerprint report, officer or agency must deliver __ copy(ies) to DA, and __ copy(ies) to court
One; two
CPL 160.40
Who provides a copy of the fingerprint report to the attorney for the defendant?
The court
CPL 160.40
T/F? A report of termination of action in favor of the accused is sufficient notice of sealing to the commissioner of DCJS
True
CPL 160.50
T/F? Generally, unless otherwise required, no person in whose favor whose favor a criminal action was terminated shall be required to divulge information pertaining to the arrest or prosecution
True
CPLR 160.50
T/F? After arrest, defendant must be fingerprinted if charged with loitering.
False
CPL 160.10
T/F? After arrest, defendant must be fingerprinted if charged with any felony, (or misdemeanor Defined in PL)
True
CPL 160.10
T/F? After arrest,fingerprints shall be taken if unable to ascertain person’s identity.
False
CPL 160.10
After arrest, fingerprints MAY/MUST be taken if identification given by person may not be accurate.
MAY
CPL 160.10
How many of the following 11 statements are not correct? A criminal action or proceeding against a person shall be considered terminated in favor of such person when:
1. An order is entered dismissing the entire accusatory instrument against such person (and not appealed)
2. A verdict of guilty was made (and not appealed)
3. A trial order of dismissal of entire accusatory instrument was made (and not appealed)
4. Order setting aside verdict was entered, no new trial was ordered and order was not appealed
5. Order vacating judgment was entered and not appealed
6. Order of discharge was entered and not appealed.
7. All charges are dismissed by grand jury
8. DA elects not to produce (prior to filing of accusatory instrument)
9. Arresting police agency elects not to proceed (prior to filing of accusatory instrument)
10. Conviction was solely for marijuana controlled substance violation and 3 years have elapsed since offense
11. Order dismissing action (ACD) was entered
A. Only one of the statements is not correct
B. Two of the statements are not correct
C. Three of the statements are not correct
D. Four of the statements are not correct.
A. Only one of the statements is not correct
CPL 160.50 (statement 2 is not correct. Should read a verdict of complete acquittal was made [and not appealed])
After fingerprints are taken, the police officer or agency must forward \_\_\_ copies of such fingerprints to the division of criminal justice services (DCJS) A. 1 B. 3 C. 4 D. 2
D. 2
CPL 160.20