Article 500, 510, 520, 530 & 540 Special Proceedings & Miscellaneous Procedures

Question 1

CPL 500.10-5
Select the correct answer.
A securing order, as defined in CPL, is used:
(a) only to commit a principal to custody
(b) only to fix bail
(c) only to commit to custody or fix bail
(d) to commit to custody, fix bail, or release a principal on his own recognizance.

Answer 1

Answer: (d)
Choice (d) is correct (CPL 500.10-5). See also CPL 510.10.

Question 2

CPL 500.10 (3-c)
When a defendant appearing before the court appears, by clear and convincing evidence, to be mentally ill at the present moment such that if left unattended their conduct may result in harm to him or herself or others, the court may:
(a) commit the defendant to the county jail pending an examination by a psychiatrist;
(b) hold the defendant in court until a mental health professional arrives in court, examines the defendant and pronounces him or her fit to be released;
(c) find the defendant not guilty be reason of insanity at that juncture in the proceedings;
(d) order as a condition of release under supervision that the defendant seek a voluntary psychiatric assessment under section 9.13 of the mental hygiene law if the defendant has a recently documented history of mental illness or psychiatric hospitalization, and the defense consents to the assessment.

Answer 2

Answer: (d) (New, 2022)
The correct answer is (d) per CPL 500.10 (3-c).
The other answers are not supported by the statute.

Question 3

CPL 500.10(1)
Under CPL 500.10, a defendant should now be referred to as the:
(a) guilty party;
(b) principal;
(c) arrestee;
(d) putative defendant.

Answer 3

Answer (b) (New, 2022)
The correct answer is (b) per CPL 500.10 (1).
The other answers are not supported by the statute.

Question 4

CPL 500.10-12
Select the correct answer.
A surety is:
(a) any obligor
(b) any defendant
(c) an obligor who is not a principal
(d) a principal who is not an obligor.

Answer 4

Answer: (c)
Choice (c) is correct (CPL 500.10-12).

Question 5

CPL 500.10-14, 19
Select the correct answer.
On his agreement to pay a specified sum in the event of his failure to appear when required, defendant charged with a crime is at liberty pending disposition of the charge. There is no deposit of money or lien on property. This is properly known as:
(a) an unsecured appearance bond
(b) a partially secured appearance bond
(c) a release on own recognizance
(d) a surety bond.

Answer 5

Answer: (a)
Choice (a) is correct (CPL 500.10-14, 19).

Question 6

CPL 500.10-11, 14, 15
Select the correct answer.
The difference between a surety bond and an appearance bond is that:
(a) in the surety bond, only the principal insures his own appearance, by posting a bond
(b) in the appearance bond, the principal must appear as required, or the other persons who have agreed to be financially responsible for him will pay the amount of the bond
(c) in the surety bond, the liability is always on an insurance company, but on an appearance bond the liability is on private individuals
(d) in an appearance bond, the only liability is on the principal; in the surety bond there must be an obligor who is not a principal.

Answer 6

Answer: (d)
Choice (d) is correct (CPL 500.10-11, 14, 15)

Question 7

CPL 500.10-l 7(a)
Select the correct answer.
Defendant, having been arrested and charged, wants to post bail for his future appearance. He has United States government bonds with a face value. If he is able to use these bonds for his bail, which is substantially less than the value of the bonds, it would be:
(a) unsecured bail bond
(b) partially secured bail bond
(c) surety bond
(d) secured bail bond.

Answer 7

Answer: (d)
Choice (d) is correct [CPL 500.10-17(a)].

Question 8

CPL 500.10-18
Select the correct answer.
A partially secured bail bond is secured only by money not exceeding a percentage of the total amount of the undertaking. The percentage is:
(a) five
(b) ten
(c) twenty
(d) twenty-five.

Answer 8

Answer: (b)
Choice (b) is correct (CPL 500.10-18).

Question 9

CPL 510.10(4)(u)
For the purposes of assessing bail on a defendant, a charge of Criminal Possession of a Weapon in the third degree, Penal Law 265.02(3),or Criminal Sale of a Firearm to a Minor, Penal Law 265.16, are:
(a) non-qualifying offenses under all circumstances;
(b) qualifying offenses only if the weapon injured someone;
(c) qualifying offenses without other requirements;
(d) non-qualifying offenses for a first offense.

Answer 9

Answer: (c) (New, 2022)
The correct answer is (c) per CPL 510.10(4)(u).
The other answers are not supported by the statute.

Question 10

CPL 510.15
Select the correct answer.
Generally, when a defendant under age sixteen is in custody under court order while awaiting trial:
(a) he must be kept in a place certified by the Commissioner of Corrections of New York as a juvenile detention facility for the reception of children
(b) he must be kept in a place certified by the office of children and family services as a juvenile detention facility for the reception of children
(c) he must be kept in a place certified by the local police commissioner as a juvenile detention facility for the reception of children
(d) he may be kept in any detention facility, provided that to the maximum extent possible he is kept separate and apart from adult prisoners.

Answer 10

Answer: (b)
Choice (b) is correct (CPL 510.15).

Question 11

CPL 510.20
Select the correct answer.
An application for bail may be made:
(a) only on arraignment
(b) only before commencement of trial
(c) only before verdict or plea of guilty
(d) at any time defendant is in custody pursuant to court order.

Answer 11

Answer: (d)
Choice (d) is correct (CPL 510.20).

Question 12

CPL 510.30-2
Select the correct statement concerning bail for a defendant whose pending appeal is obviously without merit.
(a) Denial of bail is required
(b) Denial of bail is justified on this sole ground
(c) Denial of bail is justified only if other factors are also present
(d) Denial of bail is justified only if two or more other factors are present.

Answer 12

Answer: (b)
Choice (b) is correct (CPL 510.30-2(b)).

Question 13

CPL 510.40-2
Upon the issuance of an order fixing bail, where authorized, and upon the posting thereof, the court shall perform several necessary functions. Among them are, in numbered but random order:
1. approve the bail (in the absence of some facts or circumstances requiring disapproval).
2. examine the bail (for compliance with the order).
3. direct the sheriff to discharge the principal from custody (if he/she is in custody).
4. issue a certificate of release (authorizing the principal to be at liberty).
What is the proper sequence of events which must take place to process the bail?
(a) 1,3,4,2
(b) 4,2,1,3
(c) 2,1,4,3
(d) 3,4,2,1

Answer 13

Answer: (c)
Choice (c) shows the proper and logical sequence to be followed.

Question 14

CPL 520.10-1
Select the correct answer.
Bail may be posted by credit card for:
(a) any case in which bail is authorized and ordered
(b) no case
(c) any violation of the vehicle and traffic law, only
(d) any violation, only.

Answer 14

Answer: (a)
CPL 520.10 provides that payment by credit card is an authorized
form of bai

Question 15

CPL 520.15-1
Select all correct answers as to where cash bail may be posted.
(a) County treasurer of the county where the action is pending
(b) In New York City, the commissioner of finance
(c) The court which fixed the bail
(d) The sheriff having custody of the defendant.

Answer 15

Answers: (a), (b), (c) and (d)
All choices are correct (CPL 520.15-1).

Question 16

CPL 520.20-2(e)
Select the correct answer.
The obligors on a bail bond are jointly and severally liable on the bond. If there are three obligors on a three thousand dollar bond, this means that:
(a) each obligor is individually liable for the whole amount, up to a collective limit of three thousand dollars
(b) each obligor is individually liable for the whole amount, so that a total of nine thousand dollars could be collected
(c) each obligor is liable up to one thousand dollars
(d) if one obligor pays two thousand dollars, the others are each liable only up to five hundred dollars each.

Answer 16

Answer: (a)
Choice (a) is correct [CPL 520.20-2(e)].

Question 17

CPL 520.20-3
Select the correct answer.
A bail bond is effective and binding:
(a) only in the court where it is filed
(b) through the last appeal that may be taken
(c) until verdict, guilty plea, acquittal or dismissal
(d) until sentence is imposed or other termination of the action.

Answer 17

Answer: (d)
Choice (d) is correct (CPL 520.20-3).
Choice (a) is incorrect, for bail posted in a local criminal court continues to be effective “in a court or courts other than the one in which the action was pending when such bond was posted” (CPL 520.20-3). See also CPL 520.40.
Choice (b) is incorrect, because on appeal new bail is required (CPL 530.10-1, 2).
Choice (c) is necessarily incorrect in view of choice (d), the correct choice. Of course, in the event of acquittal or dismissal, the bail would be exonerated and defendant discharged.

Question 18

CPL 520.20-4
Select the correct answer.
An indemnitor on a bail bond is:
(a) an insurance company selling bail bonds
(b) a surety
(c) liable only to the surety
(d) any obligor on the bond.

Answer 18

Answer: (c)
Choice (c) is correct (CPL 520.20-4). An indemnitor is a guarantor to the surety that if the surety pays on the bond the indemnitor will reimburse the surety.

Question 19

CPL 530.11-1
Select the correct statement concerning the Stalking crimes found in Penal Law sections 120.45, 120.50, 120.55 and 120.60.
(a) For all cases, jurisdiction is only in criminal courts
(b) For all cases, jurisdiction is only in family courts
(c) For all cases, criminal and family courts have concurrent jurisdiction
(d) Jurisdiction is generally concurrent in criminal and family courts only in cases involving spouses or former spouses, or between parent and child, or between members of the same family or household.

Answer 19

Answer: (d)
Choice (d) is correct (CPL 530.11-1). See CPL 530.11-1 for a complete description of what constitutes “members of the same family or household.”

Question 20

CPL 530.11-1,2
Select all correct statements concerning procedure for Family Court offenses.
(a) Family Court and criminal courts have concurrent jurisdiction over specified acts involving members of the same family or household, unless defendant/respondent would not be criminally responsible by reason of age
(b) Members of “the same family or household” does not include persons related only by affinity
(c) A Family Court proceeding is civil, and its purpose differs from a proceeding in the criminal courts
(d) Arrest must precede commencement of a Family Court or criminal court proceeding
(e) A complainant in an offense between members of the same family or household has a right to proceed in a criminal court, a family court, or both.

Answer 20

Answers: (a), (c) and (e)
Choices (a), (c) and (e) are correct.

Question 21

CPL 530.11-2(i)
Select the correct statement concerning procedure in a family offense matter.
(a) The complainant may proceed directly, without court referral, in family court, a criminal court, or both
(b) The complainant may proceed directly, without court referral, in family court or a criminal court, but not both
(c) The complainant may proceed directly in family court or a criminal court, but would then need court referral to proceed also in the other court
(d) A complainant who has proceeded directly in family court would need court referral to proceed also in a criminal court, but if the complainant has proceeded directly in a criminal court, court referral would not be needed to proceed also in family court.

Answer 21

Answer: (a)
Choice (a) is correct (CPL 530. ll-2(a),(i)).

Question 22

CPL 530.12-1,3
Select all correct statements concerning family offense matters when a criminal action is pending.
(a) A temporary order of protection may be issued as a condition of bail
(b) A temporary order of protection may be issued as a condition of bail but not as a condition of an adjournment in contemplation of dismissal
(c) If a court makes an order setting bail, the failure to make a temporary order of protection as a condition of bail shall not affect the validity of a temporary order of protection
(d) A temporary order of protection may be issued ex parte upon the filing of an accusatory instrument.

Answer 22

Answers: (a), (c) and (d)
Choices (a), (c), and (d) are correct (CPL 530.12-1.3)
Choice (b) is incorrect because a temporary order of protection may be issued as a condition either of bail or an adjournment in contemplation of dismissal.

Question 23

CPL 530.12-3-a
Select the correct answer.
When the family court is not in session, a local criminal court may issue, ex parte, a temporary order of protection pending a hearing in family court, based on an alleged family offense. Such a temporary order of protection shall expire not more than after its issuance.
(a) three calendar days
(b) four calendar days
(c) one week
(d) two weeks.

Answer 23

Answer: (b)
Choice (b) is correct (CPL 530.12-3-a.).

Question 24

CPL 530.12-3(b)
Select the correct statement concerning modification of a family court order of protection or temporary order of protection when family court is not in session.
(a) Only a superior court may modify such an order
(b) A local criminal court may modify such an order but may not do so ex parte
(c) A modification when otherwise appropriate must be made returnable in family court within four calendar days after issuance of the modification
(d) A modification when otherwise appropriate must be made returnable in family court within seven calendar days after issuance of the modification.

Answer 24

Answer: (c)
Choice (c) is correct (CPL 530.12-3(b).

Note:Where a temporary order of protection is issued, the court must state on the record the reasons for issuing or not issuing an order of protection

Question 25

CPL 530.12-5
Select all correct statements.
The duration of an order of protection issued on conviction of a family offense, except for sexual assault may be
(a) for a felony, not more than eight years from date of sentencing
(b) for a determinate sentence actually imposed, not more than eight years from expiration of the maximum term
(c) for a class A misdemeanor, not more than five years from date of sentencing
(d) in any other case other than above, not more than two years from date of sentencing.

Answer 25

Answers: (a), (b), (c) and (d)
Choices (a), (b), (c) and (d) are correct (CPL 530.12-5).
Note: Duration is fixed by the court and must not exceed the greater of the applicable period from (i) the date of sentencing or (ii) the expiration of the maximum definite or intermittent term imposed.

Question 26

CPL 530.12-6, 8, 10 and 11(b)
Select all correct statements concerning protection for victims of family offenses by a court’s issuance of an order of protection or temporary order of protection.
(a) It is the duty of the clerk of the court issuing an order of protection to file a copy with the sheriff’s office in the county in which the complainant resides, or if that residence is in a city with the police department of that city
(b) The clerk of the court issuing an order of protection shall issue copies to the complainant, defendant, defendant’s counsel and any other affected person
(c) The punishment for contempt in violating an order of protection is in addition to a sentence that may have been imposed for the original offense
(d) Where there has been an adjournment in contemplation of dismissal as to the offense, and an order of protection was issued, the violation of the order is a ground for the court to restore the original case to its calendar.

Answer 26

Answer: (a), (b), (c) and (d)
All choices are correct (CPL 530.12-6, 8, 10 and 11(b)).
A copy must also be transmitted to the correctional facility or probation/parole supervision. The order must also state that it will remain in effect even if the protected party consents to contact with the party against whom it is issued, effective 01/12/2014.

Question 27

CPL 530.12-3, 5
Select all correct statements concerning protection for victims of family offenses.
(a) In a crime or violation between members of the same family or household only a Family Court judge can issue an order of protection
(b) A temporary order of protection can be issued ex parte (on application of only one party) upon the filing of an accusatory instrument
(c) A criminal court may issue an order of protection or an arrest warrant, but not both
(d) The maximum duration of an order of protection in the case of a felony conviction (other than a felony sexual assault) is eight years from the date of sentencing or eight years from the expiration of the maximum term of an indeterminate sentence actually imposed.

Answer 27

Answers: (b) and (d)
Choices (b) and (d) are correct (CPL 530.12-3, 5).
Choice (a) is incorrect because subdivision 1 authorizes issuance of an order of protection by the court where a criminal action is pending.
Choice (c) is incorrect because subdivision 4 permits an arrest warrant and an order of protection to be issued simultaneously.

Question 28

CPL 530.13
Select the correct statement concerning protection for victims of crimes.
(a) An order of protection may be issued only in cases involving members of the same family or household
(b) An order of protection may be issued, under appropriate circumstances, in any pending criminal action
(c) An order of protection may be issued only concerning violent offenses
(d) An order of protection may be issued only concerning felony offenses.

Answer 28

Answer: (b)
Choice (b) is correct (CPL 530.13). When a criminal action is pending the section authorizes an order of protection (or temporary order of protection) in the following situations:
1. A temporary order of protection as a condition of pre-trial release, release on bail, or an adjournment in contemplation of dismissal.
2. A temporary order of protection upon the filing of an accusatory instrument.
3. A temporary order of protection simultaneously with issuance of an arrest warrant.
4. An order of protection, upon conviction of any offense.

Question 29

CPL 530.14-1
When a temporary order of protection is issued by the court pursuant to CPL 530.12-1 or 530.13-1, the court shall:
(a) take the following measures only under prescribed circumstances.
(b) suspend any existing license possessed by the defendant and order him / her ineligible for such a license.
(c) order the surrender of any or all firearms, rifles and shotguns owned or possessed upon conviction of any offense related to a violation of the order of protection.
(d) order the immediate seizure of weapons if the defendant willfully refuses to surrender as ordered or for other good cause.

Answer 29

Answer: (c)
Surrender shall take place immediately. In (a), the defendant has a prior conviction of any violent felony offense (PL 70.02) or Stalking 1°, 2°, 3° or 4°, or has previously been found to have willfully failed to obey a prior order of protection involving physical injury (PL 10.00) or the use or threat to use a deadly weapon or dangerous instrument (PL 10.00-12&13) or a violent felony offense (PL 70.02).

Question 30

CPL 530.14(1)
Whenever a temporary order of protection is issued pursuant to CPL 530.12(1) or CPL 530.13(1) the court shall:
(a) inquire of the defendant and the prosecutor as to the existence and location of any firearm, rifle or shotgun reasonably believed to be owned or possessed by the defendant, and the prosecutor will make reasonable efforts to obtain such information regarding the same and present it to the court;
(b) immediately commit the defendant to the county jail and order the arresting officer to search defendant’s premises for weapons without need for a search warrant;
(c) refer the matter to the United States Bureau of Alcohol, Tobacco, Firearms and Explosives for investigation and seizure of any firearms owned by defendant;
(d) take no action unless there is an accusation that a firearm was used to threaten or injure the protected party in the order of protection.

Answer 30

Answer: (a) (New, 2022)
The correct answer is (a) per CPL 530.14(1).

Question 31

CPL 530.14(1)(c)
Whenever a temporary order of protection is issued pursuant to CPL 530.12(1) or CPL 530.13(1), and where the defendant willfully refuses to surrender his or her firearm, rifle or shotgun pursuant to the dictates of the order of protection, the court may:
(a) only order that defendant be held in contempt of court and take no other action;
(b) immediately commit the defendant to the county jail until he or she agrees to surrender the weapons, and take no other action;
(c) not take any action under the Second Amendment of the United States Constitution;
(d) order the immediate seizure of such firearm, rifle or shotgun.

Answer 31

Answer: (d) (New, 2022)
The correct answer is (d) per CPL 530.14(1)(c).

Question 32

CPL 530.20(1)(a)
When allowed, the court must release the accused on his own recognizance unless the court finds that the release will not reasonably assure the accused return to court. In such instances the court:
(a) must release the accused under non-monetary conditions selecting the least restrictive alternative and conditions that will reasonably assure the accused’s return to court
(b) must release the accused under conditions that will ensure the accused’s return to court
(c) must release the accused balancing the likelihood of the accused return to court
(d) must release the accused if the court deems the accused has substantial and significant ties to the community which will all but guarantee his return to court.

Answer 32

Answer: (a)
CPL 530.20(1)(a).
Note changes to subdivision 1(b) regarding charges that pertain to a “qualifying offense” whereby the court, unless prohibited by law, may in its discretion release the principal pending trial on his/her own recognizance or under non-monetary conditions, fix bail or in the case where the offense is a felony, or commit the principal to the custody of the sheriff.

Question 33

CPL 530.20(2)(a)
A city, town or village court may not order recognizance or bail when
I. the defendant is charged with a class A felony
II. the defendant has two previous felony convictions
III. the defendant has a prior record
IV. the defendant has been arrested on a persistant basis for the same crime
(a) I. and II. only
(b) II., III. and IV. only
(c) III. and IV. only
(d) I., II. III. and IV.

Answer 33

Answer: (a)
CPL 530.20(2)(a).

Question 34

CPL 530.40-1, 3 and 4
Select the correct statement concerning bail or recognizance in a superior court.
(a) Bail or recognizance is discretionary in all cases
(b) Bail or recognizance is not available for persons charged with a class A felony
(c) Bail or recognizance is not available after conviction for a class A felony
(d) The district attorney in all cases must have an opportunity to be heard on questions of bail.

Answer 34

Answer: (c)
Choice (c) is correct (CPL 530.40-1, 3 and 4).
Choice (a) is incorrect because bail or recognizance is required in
non-felony cases.
Choice (b) is incorrect for subdivision 3 prevents bail or recognizance
after conviction for, among other limited situations, class A felonies.
Choice (d) is incorrect because subdivision 4, requiring an opportunity for the district attorney to be heard, applies only where defendant is charged with a felony.

Question 35

CPL 530.45
Select all correct statements concerning recognizance or bail after conviction in cases other than class A, B or C felonies and other than certain felony sex offenses against minors:
(a) If the trial court in any case has increased the bail, or denied bail, it may be changed only by a justice of the Appellate Division
(b) If a local criminal court has increased the bail, or denied bail, its determination may be changed by a superior court judge of the county
(c) An Appellate Division justice may amend a superior court’s bail determination within sixty days after sentence without an appeal being filed, before defendant must surrender himself for service of the sentence
(d) A defendant on bail or recognizance after conviction, but before sentence, has one hundred twenty days after filing notice of appeal to submit the appeal or bring it to argument.

Answer 35

Answers: (b) and (d)
Choices (b) and (d) are correct (CPL 530.45).
Choice (a) is incorrect because it is only certain superior court cases
that may be reviewed for this purpose by an appellate division justice.
Choice (c) is incorrect because subdivision 4 makes the applicable period thirty days.

Question 36

CPL 530.50
Select the correct answer.
An order of recognizance or bail pending determination of an appeal may be reviewed by an appropriate judge:
(a) in all cases, without limitation
(b) only in felony cases
(c) with the sole exception of murder cases
(d) except for class A felony cases and certain felony sex offenses against minors.

Answer 36

Answer: (d)
Choice (d) is correct (CPL 530.50). While murder first degree and murder second degree are class A felonies, it is all class A felony cases where recognizance or bail pending appeal is not reviewable, as well as certain felony sex offenses against minors.

Question 37

CPL 530.60
Select all correct statements concerning revocation of recognizance or bail.
(a) A trial court may review its own order of bail or recognizance
(b) An order of bail or recognizance may be reviewed at any time in the course of a criminal action or proceeding
(c) A hearing must be held before a defendant charged with a felony and while at liberty may have bail or recognizance revoked
(d) When bail or recognizance is a matter of right it cannot be denied.

Answer 37

Answers: (a), (b), (c) and (d)
All choices are correct (CPL 530.60).

Question 38

CPL 530.70-2
Select the correct statement concerning the issuance of a bench warrant in relation to an order of recognizance or bail.
(a) A bench warrant ordered by any criminal court may be executed anywhere in the state
(b) A bench warrant may be addressed only to a police officer
(c) A defendant arrested on such bench warrant must be produced before the appropriate court without unnecessary delay
(d) If a bench warrant is addressed to a particular officer, the authority to arrest on the warrant may not be delegated.

Answer 38

Answer: (c)
Choice (c) is correct (CPL 530.70-2).
Choice (a) is incorrect because subdivision I limits the places within which the bench warrants of certain courts may be executed. Bench warrants of superior courts, District Courts and the New York City Criminal Court may be executed anywhere in the state. For other courts, there are specified limitations.
Choice (b) is incorrect because a bench warrant may also be addressed to a uniformed court officer of a New York City court, or a Nassau, Suffolk or Westchester County court officer or any other court that is part of the unified court system, as specified in subdivision 2.
Choice (d) is incorrect because subdivisions 3, 4, 5 and 6 pertain to the delegation of authority to arrest pursuant to the warrant

Question 39

CPL 530.80
Select the correct statement concerning the surrender of a bailed defendant.
(a) If a defendant released on cash bail is produced at any time before forfeiture the cash bail must be returned
(b) An obligor on a bail bond who wishes to produce an unwilling defendant must obtain police assistance for this purpose
(c) A bailed defendant may be taken into custody to be surrendered only by the obligor on the bond
(d) A bailed defendant may be taken into custody by the obligor only within the geographical district of the court in which the bail was posted.

Answer 39

Answer: (a)
Choice (a) is correct (CPL 530.80).
Choices (b) and (c) are incorrect, for an obligor may take the defendant into custody to surrender him or empower any person over twenty years of age to do so.
Choice (d) is incorrect, for the defendant may be taken into custody for this purpose at any place in the state.

Question 40

CPL 540.10
Select the correct answer.
Except in connection with local criminal court accusatory instruments in a city, town or village court, when a bail bond is ordered forfeited the responsibility for proceedings to collect on the bond is on:
(a) the Office of Court Administration
(b) the district attorney
(c) the state attorney-general
(d) the corporation counsel.

Answer 40

Answer: (b)
Choice (b) is correct (CPL 540.10).

Question 41

CPL 540.30
Select all correct statements concerning applications for remission of forfeiture on a bail bond.
(a) When the forfeiture was ordered in a superior court, the application is made in the Appellate Division
(b) When the forfeiture was ordered in a superior court the application is made in the superior court
(c) When the forfeiture was ordered in a District Court the application may be made in that District Court
(d) When the forfeiture was ordered in a local criminal court other than a District Court the application is made in the local criminal court
(e) When the forfeiture was ordered in a local criminal court other than a District Court the application is made in a superior court.

Answer 41

Answers: (b), (c) and (e)
Choices (b), (c) and (e) are correct (CPL 540.30). The effect of this section is that all applications are made in a superior court, except for district court forfeitures where application may be made to that district court. District courts, found only in Nassau and Suffolk counties, are local criminal courts. Note that in this section the New York City Criminal Court is not given the same authority accorded here to the district courts, to entertain applications for remission of forfeitures in that court.

Question 42

CPL 540.30
Select the correct answer.
An application for remission of forfeited bail must be made, after the forfeiture, within:
(a) ninety days
(b) six months
(c) one year
(d) two years.

Answer 42

Answer: (c)
Choice (c) is correct (CPL 540.30).