CPL 160 Flashcards
CPL 160.10 Following an arrest, fingerprinting is required when the offense is
(3)
- A felony
- A misdemeanor defined in the penal law
- A misdemeanor defined outside the penal law which would constitute a
felony if such person had a previous judgment for conviction of a crime
CPL 160.10 Assume that driving while intoxicated is a misdemeanor. Upon a
second conviction, the conviction is a felony. A person is charged with driving
while intoxicated. The arresting officer knows of a previous conviction, having
arrested the defendant previously. The defendant now objects to being
fingerprinted. The arresting officer, according to CPL 160, must do what?
Fingerprint the defendant pursuant to CPL
CPL 160.10 A police officer who makes an arrest for any offense, either with
or without a warrant, may take or cause to be taken the fingerprints of the
arrested person if such police officer (3)
- Is unable to ascertain such person’s identity
- Reasonably suspects that the identification given by such person is not
accurate - Reasonably suspects that such person is being sought by law enforcement
officials for the commission of some other offense
CPL 160.10 Whenever fingerprints are required to be taken (pursuant to
subdivision 1) or permitted to be taken (pursuant to subdivision 2), what else
may be taken?
A photograph and palm prints of the arrested person
CPL 160.10 The taking of fingerprints and the submission of available
information concerning the arrested person or the defendant and the facts and
circumstances of the crime charged must be in accordance with
The standards established by the commissioner of the division of criminal justice
services
CPL 160.20 Upon taking fingerprints from a person arrested, the appropriate
police officer or agency must send copies to who?
The state division of criminal justice services
CPL 160.30 Upon receiving fingerprints, the division of criminal justice
services must do what?
Classify them and search its records for information concerning a previous
record of the defendant, including any adjudication as a juvenile delinquent or
youthful offender
CPL 160.30 Once classified, the department of criminal justice services must…
Send a report to the forwarding police officer or agency, containing all
information on file with respect to the defendant’s previous record (if any), or
stating that the defendant had no previous record according to its files.
CPL 160.30 If the fingerprints received by the division of criminal justice
services are not sufficiently legible to complete classification, what must
happen?
They must be returned to the forwarding police officer or agency with an
explanation of the defects and a request that the defendant’s fingerprints be
retaken if possible
They must be returned to the forwarding police officer or agency with an
explanation of the defects and a request that the defendant’s fingerprints be
retaken if possible
Send a copy of such report to the district attorney, and two copies to the court in
which the action is pending
CPL 160.40 Upon receipt of such report, the court shall provide the report to
who?
Counsel for the defendant, or, if the defendant is unrepresented, the defendant
themselves
CPL 160.45 No district attorney, police officer, or employee of any law
enforcement agency shall request or require any victim of what crime to submit
to a polygraph or psychological stress examination?
Sexual assault
CPL 160.50 Upon termination of a criminal action in favor of the accused, a
law enforcement agent may obtain the official records how?
Through an ex parte motion in a superior court
CPL 160.59 Can an application for sealing certain convictions be dined?
yes
14-CPL 160.50 An application for sealing certain convictions must be served on
the DA. The DA then has ________days to object to application of sealing.
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