Article 220 Flashcards

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1
Q

T/F? Defendant may with consent of people and permission of the court enter a plea of not responsible by reason of mental disease or defect

CPL 220.15

A

True

CPL 220.15

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2
Q

T/F? The entry and acceptance of a plea of guilty to part of an indictment constitutes disposition of the entire indictment

CPL 220.30

A

True

CPL 220.30

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3
Q

T/F? All pleas to an indictment must be entered orally

CPL 220.50

A

False

CPL220.50 Plea; entry of plea.

  1. A plea to an indictment, other than one against a corporation, must
    be entered orally by the defendant in person; except that a plea to an
    indictment which does not charge a felony may, with the permission of
    the court, be entered by counsel upon submission by him of written
    authorization of the defendant.
  2. A plea to an indictment against a corporation must be entered by
    counsel.
  3. If a defendant who is required to enter a plea to an indictment
    refuses to do so or remains mute, the court must enter a plea of not
    guilty to the indictment in his behalf.
  4. Where the permission of the court and the consent of the people are
    a prerequisite to the entry of a plea of guilty, the court and the
    prosecutor must either orally on the record or in a writing filed with
    the indictment state their reason for granting permission or consenting,
    as the case may be, to entry of the plea of guilty.
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4
Q

T/F? A defendant may in certain cases plead guilty to murder in the first degree
CPL 220.30

A

True

CPL 220.30

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5
Q

Plea of not responsible by reason of mental disease or defect must be with permission of ______.

CPL 220.15

A

the court and consent of the people

CPL 220.15

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6
Q

Plea by corporation must be entered by ______.

A

counsel

CPL 220.50

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7
Q

If defendant refuses to enter a plea, a plea of _____ must be entered by court

A

not guilty

CPL 220.50

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8
Q

In certain cases the DA may recommend removal to the FC. Upon accepting such a plea, such plea shall be deemed to be ___________.
CPL 220.60

A

a juvenile delinquency fact determination

And when it arrives in the family court, the matter will then proceeded as if the fact finding had already taken place and will now go to disposition
CPL 220.60

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9
Q

Which of the following 3 statements are correct?
1) A plea to an indictment (except for a corporation) must be entered orally by the defendant in person. (for misdemeanors or less may be entered by counsel - with permission of the court - upon submission of written authorization by the defendant
2) A plea by corporation must be entered by counsel
3) If defendant refuses to enter a plea, a plea of not guilty must be entered by the court
A. 1
B. 1 and 3
C. All 3 are correct
D. 2 and 3

CPL 220.50

A

C. All 3 are correct

CPL 220.50

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10
Q

Generally, the entry and acceptance of a plea of guilty to part of an indictment constitutes a disposition of
A. that part of the indictment in all cases
B. that part of the indictment only if the people consent
C. the entire indictment
D. none of the above

CPL 220.30

A

C. the entire indictment

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11
Q
If an indictment charges a class B felony (PL 220), the allowable plea is
A. a class C felony
B. a class D felony
C. A class E felony
D. none of the above
A

B. a class D felony

CPL 220.10

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