Article 80 Fines Flashcards
PL 80.00
Select the correct statement concerning fines as a sentence upon a felony conviction:
(a) The decision to impose a fine as a sentence is made by the sentencing judge, but the amount of the fine is governed by statute, in all cases
(b) When a defendant has gained from his crime, the court must hold a hearing on the amount of defendant’s gain
(c) For Controlled Substances offenses (Article 220) or offenses involving marihuana (Article 221) the court may determine the amount of a fine, without limitation
(d) It is the court that determines, in all cases, whether to impose a fine, as a sentence, subject to maximum limits specified by the legislature.
Answer: (d)
Choice (d) is correct (PL 80.00).
Choice (a) is incorrect. In general, the amount of the fine is set by the court, within maximum limits fixed by statute.
Choice (b) is incorrect. “The court may conduct a hearing…” PL 80.00-3.
Choice (c) is incorrect. Limits are contained in PL 80.00-l(c).
PL 80.05
Select the correct answer, based on the following statements:
1. For the Class A misdemeanor of Unlawful Disposition of Assets Subject to Forfeiture (PL 215.80) a fine may exceed $1,000.
2. For a Class B misdemeanor, where the defendant has not gained money or property through his offense a fine shall not exceed $500.
3. As to violations defined outside the Penal Law, if the amount of the fine is specified in the law or ordinance defining the offense, the fine shall be fixed in accordance with that law or ordinance.
(a) All statements are correct
(b) All statements are incorrect
(c) 2 and 3 are correct, 1 is incorrect
(d) 1 and 3 are correct, 2 is incorrect
(e) 1 and 2 are correct, 3 is incorrect.
Answer: (a)
Choice (a). All statements are correct (PL 80.05).
PL 80.10
As to payment of fines by a corporate defendant, select all correct statements:
(a) In general, a fine on a corporation upon conviction of a felony shall not exceed $10,000
(b) When a corporation has gained from the commission of an offense defined in the Penal Law, the fine cannot exceed double the defendant’s gain, or the maximum amount authorized by statute, whichever is higher
(c) When the authorized term of imprisonment does not exceed three months for conviction of a Class B misdemeanor, a corporation may be fined $2,000
(d) When an offense is defined outside the Penal Law, and a special fine for a corporation is expressly specified in the defining law or ordinance, the fine may be in any higher amount that does not exceed double the corporation’s gain from the commission of the offense.
Answer: (a), (b), (c) and (d).
All statements are correct.
Choice (a) is supported by PL 80.10-l(a).
Choice (b) is supported by PL 80.10-1.
Choice (c) is supported by PL 80.10-l(c).
Choice (d) is supported by PL 80.10-2(a) and (b).
NOTE: Fines not exceeding three times gain may be applied for certain public corruption crimes.
(See Article 496)
