Article 65 Sentences of Probation, CD & UD Flashcards
PL 65.00
Select the correct statement concerning a sentence of probation:
(a) The conditions of probation may be modified or enlarged, but the sentence cannot be revoked.
(b) The sentence can be revoked, but the original conditions cannot be changed without revocation of the sentence.
(c) A sentence of probation cannot be imposed upon a person convicted of a class A-II or class B felony defined in PL Article 220 (controlled substances).
(d) The sentence may be revoked, modified or enlarged prior to its expiration or termination.
Answer: (d)
Choice (d) is correct (PL 65.00-2).
Choices (a) and (b) are expressly negated by PL 65.00-2.
Choice (c) is incorrect, for probation may be imposed under the circumstances set forth in PL 65.00-l(b).
Note that the effective date of subdivision 1 is extended to 9/1/23, per Ch. 55, L. 2021.
PL 65.00-3
Select the correct statement:
The period of probation which may, under specified conditions, be imposed as a sentence upon conviction of a felony shall be:
(a) three years in all cases
(b) five years in all cases
(c) three, four or five years, generally
(d) life, in all cases.
Answer: (c)
Choice (c) is correct (PL 65.00-3). However, see PL 65.00-3(a)(ii) and (iii) for exceptions.
PL 65.05
Select the correct statement:
A sentence of conditional discharge may be appropriately imposed when a judge believes:
(a) that the conduct committed was not criminal
(b) that the defendant is not guilty
(c) that probation supervision is not appropriate
(d) that detention facilities are overcrowded.
Answer: (c)
Choice (c) is correct and is supported by PL 65.05-1. Conditional discharge is comparable to probation, but without supervision. The conditions for both sentences are found in PL 65.10-2. PL 65.10-3 contains additional conditions relating to supervision while on probation.
99.
PL 65.05-3
Select the correct statements:
The period of conditional discharge, unless terminated sooner, shall be
(a) five years for a felony
(b) three years for a felony
(c) three years for a misdemeanor
(d) two years for a misdemeanor
(e) one year for a misdemeanor.
Answer: (b) and (e)
Choices (b) and (e) are correct (PL 65.05-3).
PL 65.10-2(g)
Select the correct statement:
As to a sentence of probation or conditional discharge, the defendant receiving such a sentence:
(a) must be over twenty-one years of age
(b) must be under twenty years of age
(c) may be required to make restitution of the proceeds of his crime or make reparation
(d) cannot be required to make restitution of proceeds of his crime or to make reparation.
Answer: (c)
Choice (c) is correct, PL 65.10-2(g).
Choices (a) and (b) are not supported by the Penal Law.
PL 65.10-2(k-1)
Select the correct statement:
An ignition interlock device prevents a motor vehicle from being started without first determining that the operator’s breath alcohol level does not exceed the calibrated setting. A sentencing judge in imposing a sentence of probation or conditional discharge:
(a) must order installation and maintenance of an ignition interlock device in all Driving While Intoxicated misdemeanor convictions
(b) must order installation and maintenance of an ignition interlock device only in Driving While Intoxicated felony convictions
(c) may order installation and maintenance of an ignition interlock device in family offense convictions where alcohol abuse appears to be a factor and the court seeks to ensure defendant’s safety
(d) may order installation and maintenance of an ignition interlock device in Driving While Intoxicated misdemeanor convictions, to ensure public safety.
Answer: (d)
Choice (d) is correct, PL 65.10-2(k-1), as to any vehicle owned or operated by the defendant.
Choices (a) and (b) are incorrect because there is no requirement that a sentencing court order this device.
Choice (c) is incorrect because the device may not be ordered in family offense convictions and, when appropriately ordered, the criterion is public safety, as distinguished from defendant’s safety.
Note new subdivision 2 (k-2) regarding a crime involving unlawful sexual conduct or assault upon an MTA or NYC TA passenger, customer or employee.
PL 65.15-1
Select the correct statement:
Multiple periods of probation or conditional discharge:
(a) are not permitted
(b) run consecutively
(c) run concurrently
(d) are permitted only for misdemeanors.
Answer: (c)
Choice (c) is correct, PL 65.15-1.
Note effective date for subdivision 3 is deemed repealed on 9/1/23, per Ch. 55, L. 2021.
PL 65.20-1, 2
Select all correct answers:
A sentence of unconditional discharge:
(a) is a final judgment of conviction
(b) when imposed for a felony requires that the court set forth on the record reasons for the sentence
(c) requires that defendant be under probation supervision
(d) cannot provide additionally for payment of a fine.
Answer: (a), (b) and (d)
Choice (a) is correct, PL 65.20-2; choice (b) is correct, PL 65.20-1 and choice (d) is correct, PL 65.20-2. Since there are no conditions, this is not a revocable disposition, and no fine may be required.
Choice (c) is incorrect, for there is no probation supervision PL 65.20-2.
