Article 70 Sentences of Imprisonment Flashcards
PL 70.00
Select all correct statements:
(a) The maximum sentence of imprisonment that can be imposed for a class B felony is twenty-five years
(b) The minimum period of imprisonment for any class A felony shall be twenty-five years
(c) The “alternative definite” sentence applies only to class E felonies
(d) An offense defined outside the Penal Law which is declared to be a felony but is not classified shall be deemed a class E felony.
Answer: (a) and (d)
The correct answers are (a) and (d). Choice (a) is correct (PL 70.00-2(b)). Choice (d) is correct (PL 55.10-l(b)).
Choice (b) is incorrect. See PL 70.00-3(a) (i) and (ii).
Choice (c) is incorrect. The alternative definite sentence may apply to class D felonies (PL 70.00-4).
PL 70.00-2(e)
Select the correct statement:
An offense outside the Penal Law provides for a sentence of imprisonment exceeding one year. The maximum period of imprisonment for this offense is:
(a) five years
(b) two years
(c) three years
(d) four years.
Answer: (d)
Choice (d) is correct. The offense is a felony, by definition (PL 20.00-5), since the sentence can exceed one year. Offenses outside the Penal Law for which a sentence of imprisonment in excess of one year may be imposed are deemed class E felonies (PL 55.10-l(b)). The maximum sentence for a class E felony is four years (PL 70.00-2(e)).
PL 70.00-4
Select the correct statement:
A sentence for a felony:
(a) must be an indeterminate sentence of imprisonment for one year
(b) in some situations may be a definite sentence of imprisonment for one year or less
(c) must in all cases specify a minimum and maximum period
(d) is fixed according to the Criminal Procedure Law.
Answer: (b)
Choice (b) is correct. PL 70.00-4 permits in some cases an alternative definite sentence, rather than the indeterminate sentence referred to in PL 70.00-1.
Choice (c) is incorrect because PL 70.00-3 provides for imposition of a minimum as well as a maximum sentence only in the situations referred to therein.
Choice (d) is incorrect because the Penal Law, and not Criminal Procedure Law, governs sentencing.
PL 70.02-1
Select the correct statement concerning the term “violent felony offense:’’
(a) The term applies to any felony in which violence is employed
(b) The term applies only to class A and B felonies
(c) The term applies only to those specific class B, C, D and E felonies which are enumerated in the Penal Law as violent felony offenses
(d) The term applies to any felony which is found by a trial jury to have included violence in its commission.
Answer: (c)
Choice (c) is correct (PL 70.02-1). Violent felony offenses are enumerated in that Penal Law section.
Choice (a) is incorrect.
Choice (b) is incorrect, as a violent felony offense may be class B, C, D or E (PL 70.02-1).
Choice (d) is incorrect.
PL 70.00, 70.02
Select all correct statements:
(a) An attempt to commit the class A-1 felony of murder in the second degree is a class B violent felony offense
(b All sentences for a violent felony offense must be for an indeterminate term of imprisonment
(c) A determinate sentence for a class E violent felony offense must generally not exceed four years
(d) The terms “determinate” and “definite,” in the sentencing provisions of the Penal Law, have the same meaning.
Answer: (a) and (c)
Choices (a) and (c) are correct.
Choice (a) is supported by PL 70.02-l(a). Choice (c) is supported by PL 70.02-3(d).
Choice (b) is incorrect because some violent felony offenses permit or require determinate sentences. (See PL Sections 70.00-6, 70.02-2(a), 70.04-2 and 70.06-6 – all of which are REPEALED eff. 9/1/23, per Ch. 55, L. 2021 – plus 70.02(b), 70.02(c) and 70.02-4.)
Choice (d) is incorrect. In a determinate sentence, PL 70.20-1 requires that the defendant be committed to the custody of the State Department of Correctional Services. PL 70.20-2 requires that a defendant receiving a definite sentence be committed to the county or regional correctional institution.
A definite sentence of one year or less may be imposed for certain class E felonies, under the circumstances set forth in PL 70.00-4.
A determinate sentence for a class E violent felony offense would be for at least one and one-half years, but not in excess of four years. PL 70.02-3,4.
PL 70.05-1
Select the correct statement:
A sentence of imprisonment for a felony committed by a juvenile offender shall be:
(a) a definite sentence
(b) an indeterminate sentence
(c) an intermittent sentence
(d) a suspended sentence.
Answer: (b)
Choice (b) is correct (PL 70.05-1).
PL 10.00-18 defines a “juvenile offender.”
PL 70.06-2, 4
Select the correct statement:
Generally, in sentencing a second felony offender, the sentencing judge:
(a) may impose a minimum sentence, but is not required to do so
(b) must impose a minimum sentence, if in his discretion he imposes any sentence of imprisonment at all
(c) must impose a sentence of imprisonment, but need not impose a minimum sentence
(d) must impose both imprisonment and a minimum sentence.
Answer: (d)
Choice (d) is correct (PL 70.06-2, 4).
PL 70.08
Select all correct statements as to a persistent violent felony offender:
(a) Defendant must have been previously convicted of at least two or more predicate violent felonies
(b) The Penal Law specifies the minimum sentence that must be imposed, with no judicial discretion
(c) Defendant may be sentenced to lifetime probation
(d) An indeterminate sentence of imprisonment must be imposed.
Answer: (a) and (d)
Choices (a) and (d) are correct. (PL 70.08-1,2).
PL 70.10-2
Select the correct statement:
A persistent felony offender:
(a) may be so adjudged, based upon felonies committed in this state only
(b) upon being so adjudged, must be sentenced one felony classification higher than the crime for which he is being sentenced
(c) must have been convicted of three or more felonies prior to the felony he stands convicted of presently
(d) may have sentence of imprisonment for a class A-I felony imposed.
Answer: (d)
Choice (d) is correct (PL 70.10-2).
Choice (a) is incorrect because crimes in other states which are comparable to felonies in New York may also be a basis.
Choice (b) is incorrect because PL 70.10-2 provides for a sentence authorized for a Class A-1 felony.
Choice ( c) is incorrect because only two previous felonies are required (PL 70.10-1).
PL 70.15
Select all correct statements:
(a) For a class A misdemeanor conviction, a sentence of imprisonment must be imposed
(b) When imprisonment is the sentence for conviction of a Penal Law misdemeanor, the maximum term is six months
(c) If imprisonment is imposed for a misdemeanor, the sentence must be a definite sentence
(d) Imprisonment for conviction of a misdemeanor cannot in any case exceed 364 days.
Answer: (c) and (d)
Choices (c) and (d) are correct (PL 70.15).
PL 70.20
Select all correct statements:
(a) A juvenile offender who is given an indeterminate sentence should be committed to the custody of the Office of Children and Family Services
(b) A juvenile offender who is adjudicated a youthful offender may be given a definite sentence or an indeterminate sentence
(c) Defendants who are given an indeterminate sentence but who are not juvenile offenders should be committed to the state Department of Correctional Services
(d) Defendants who are given definite sentences but who are not juvenile offenders should be committed to a county or regional correctional institution
(e) Imprisonment for life without parole requires commitment to the state Department of Correctional Services.
Answer: (a), (b), (c), (d) and (e)
All choices are correct.
PL 70.25
Select the correct statement:
Sentences imposed by a court on a defendant convicted of several crimes but with the provision that the sentences shall be served at the same time are:
(a) consecutive
(b) cumulative
(c) concurrent
(d) intermittent.
Answer: (c)
Choice (c) is correct (PL 70.25), of which subdivisions 1(a), 2-a, 2-b, 5(a) and 5(b) expire 9/1/23, per Ch. 55, L.2021. “Concurrent” means that sentences for multiple offenses are served at the same time.
“Consecutive” means that sentences are served in turn, with one commencing after the expiration of another.
An “intermittent” sentence is “a revocable sentence of imprisonment to be served on days or during certain periods of days, or both, specified by the court as part of the sentence” (PL 85.00-1).
PL 70.40
Select the correct statement:
(a) Release on parole is within the discretion of the sentencing judge
(b) Parole is a sentencing option
(c) A person released on parole continues service of his sentence while on parole
(d) Persons serving indeterminate sentences must be placed on parole when they have served the minimum term of their sentence.
Answer: (c)
Choice (c) is correct (PL 70.40-l(a)), which expires eff. 9/1/23, per Ch. 55, L.2021, along with subdivisions 1(b) and 1(c).
Choices (a) and (b) are incorrect because parole is within the discretion of the state board of parole, and parole is not a sentencing option (PL 70.40-1).
Choice (d) is incorrect because parole is discretionary and not mandatory (PL 70.40-1).
