Article 320 & 330 Waive of Jury Trial & Proceedings Verdict to Sentence Flashcards
CPL 320.10
Select the correct answer.
In the trial of an indictment, all trials may be non-jury trials:
(a) without exception
(b) except for class A felonies
(c) except for violent felony offenses
(d) except for murder first degree
(e) except for homicide and kidnapping.
Answer: (d)
Choice (d) is correct (CPL 320.10).
CPL 320.20
Select the correct answer.
In the non-jury trial of an indictment:
(a) opening addresses by counsel are not permitted
(b) summations by counsel are not permitted
(c) either side, or both, may give both an opening address and a summation
(d) either side, or both, may give an opening address, but neither side may give a summation.
Answer: (c)
Choice (c) is correct (CPL 320.20).
CPL 330.20-l(f)
Select the correct statement concerning a commitment order.
(a) A commitment order is effective for one year
(b) A commitment order is effective for six months
(c) A commitment order is effective until the appropriate commissioner determines that the defendant is no longer in need of care and treatment
(d) A commitment order is effective until the psychiatric examiners report to the commissioner that defendant is no longer in need of care and treatment, and the commissioner accepts that report.
Answer: (b)
Choice (b) is correct [CPL 330.20-l(f)].
It may be helpful to consider the apparent legislative intent. Provision was made for periodic review, to avoid unnecessary or unjust confinement.
CPL 330.20-l(o)
An order of conditions means an order directing a defendant to
(a) comply with prescribed treatment plan, only
(b) comply with any other condition which the court determines to be reasonably necessary or appropriate
(c) if in custody of the commissioner, not to leave the facility without authorization, only
(d) all of the above.
Answer: (d)
CPL 330.20-l(o) provides that all of the above apply.
There may also be a special order of conditions protecting the victim from the defendant as indicated in the statute. See also CPL 330.20(1)(0).
CPL 330.20-2
Select the correct statement concerning action to be taken by a court upon a verdict or plea of not responsible by reason of mental disease or defect.
(a) The court must issue an examination order to the state commissioner of mental health or state commissioner of mental retardation and developmental disability
(b) The court must commit defendant to the appropriate state department for treatment
(c) The court must appoint two psychiatric examiners to examine the defendant and report to the court
(d) The court must place defendant in custody by issuing a securing order.
Answer: (a) (Amended, 2022)
Choice (a) is correct (CPL 330.20-2).
CPL 330.20(2-a)
Upon entry of a verdict of not responsible by reason of mental disease or defect, or upon the acceptance of a plea of not responsible by reason of mental disease or defect, or upon a finding that the defendant is an incapacitated person pursuant to CPL article 730, the court shall:
(a) suspend the defendant’s firearm license;
(b) allow the defendant 30 days to sell his or her firearms;
(c) revoke the defendant’s firearm license
(d) order that all firing pins be removed from defendant’s weapons, thereby rendering them harmless.
New, 2022)
The correct answer is (c) per CPL 330.20(2-a).
REVOKE DEFENDANT’S FIREARM LICENSE
CPL 330.20-8
Select the correct answer.
When a defendant, subsequent to a verdict of not responsible by reason of mental defect, is in the custody of the commissioner pursuant to a commitment order, the commissioner must apply for a first retention order or a release order:
(a) at least thirty days prior to the expiration of the period prescribed in the order
(b) at least forty-five days prior to the expiration of the period prescribed in the order
(c) at least fifteen days prior to the expiration of the period prescribed in the order
(d) at least twenty days prior to the expiration of the period prescribed in the order
(e) at least ten days prior to the expiration of the period prescribed in the order.
Answer: (a)
Choice (a) is correct (CPL 330.20-8).
CPL 330.20-11
Select the correct statement concerning the transfer of a person confined to a secure facility by court order following a plea or verdict of not responsible by reason of mental disease or defect, to a non-secure facility.
(a) This transfer is not permitted
(b) The commissioner may effectuate the transfer, within his own department’s facilities
(c) The transfer requires court approval and consent of the district attorney who prosecuted the criminal case
(d) This transfer requires court approval.
Answer: (d)
Choice (d) is correct (CPL 330.20-11). The court may conduct a hearing, but the determination is by the court.
CPL 330.20-19
Select all correct answers.
If a defendant, subsequent to a verdict of not responsible by reason of mental disease or defect, is in the custody of the commissioner pursuant to a retention order issued by a superior court on the ground that the defendant has a dangerous mental disorder, and he escapes from such custody, immediate notice of such escape must be given by the department facility staff to:
(a) the district attorney
(b) the sheriff of the county where the escape occurred
(c) any person the facility staff believes to be in danger
(d) the superintendent of state police
(e) the police department having jurisdiction over the area where the escape occurred.
Answer: (a), (b), (c), (d) and (e)
All choices are correct (CPL 330.20-19).
CPL 330.30
Select the correct answer.
Which one of the following is the time limited to set aside or modify a verdict in a criminal action?
(a) Any time before sentence
(b) Within thirty days after the verdict
(c) Within thirty days after sentence
(d) Forty-five days after the verdict.
Answer: (a)
Choice (a) is correct (CPL 330.30).
CPL 330.30, 330.40
Select the correct statement concerning a motion to set aside a verdict.
(a) The discovery of new evidence since the trial is, by itself, a proper ground for setting aside a verdict
(b) The motion may be made at any time until the time to appeal has expired
(c) CPL provides only for motions made by defendant
(d) All such motions must be in writing.
Answer: (c)
Choice (c) is correct (CPL 330.30, 330.40).
CPL 340.20-2(a)
Select the correct answer.
A defendant is charged in an information with a misdemeanor. The defendant:
(a) may enter a plea by mail
(b) has a right to enter a plea by sending his attorney to act for him
(c) may waive his right to enter a plea in person, subject to the court’s approval
(d) must enter a plea in person in all cases.
