CPL 160 volume 1

Question 1

160.10 Fingerprinting; duties of police with respect thereto.

It is the duty of the arresting officer or agency to take or cause to be taken fingerprints of any person charged with:

• A _____________ ; or
• A _______________ in the Penal Law; or
• A __________ defined outside of the Penal Law, which could constitute a felony if such person had a previous judgment of conviction for a crime
• ___________ for the purpose of engaging in a prostitution offense PL 240.37(2) , a violation

Answer 1

Felony, misdemeanor…….. misdemeanor……. Loitering

Question 2

160.10 Fingerprinting; duties of police with respect thereto.

A police officer who makes an arrest for any offense, with or without a warrant may take or cause to be taken the fingerprints of the arrested person if the police officer:

• Is unable to determine their __________
• Reasonably suspects they are _____________ about their identity
• Reasonably suspects the arrested person is being sought by other_______________

Answer 2

Identity….. lying ………. law enforcement

Question 3

160.10 Fingerprinting; duties of police with respect thereto.

Whenever fingerprints are taken, the photograph and palm prints of the person (MAY/SHALL) also be taken

Answer 3

MAY

Question 4

160.10 Fingerprinting; duties of police with respect thereto.

It’s the Commissioner of ____________________ that determines the standards of fingerprinting

Answer 4

the Division of Criminal Justice Services

Question 5

160.20-Forwarding of fingerprints

Upon the taking of fingerprints the appropriate police officer or agency MUST WITHOUT UNNECESSARY DELAY forward __________ copies of the fingerprints to the division of criminal justice services

Answer 5

TWO (2)

Question 6

160.30 Fingerprinting; duties of division of criminal justice services.

Upon receiving fingerprints, the DCJS MUST search its record for prior convictions of the defendant or adjudications as a youthful offender or juvenile delinquent and report back to the submitting police officer the results of their search

Answer 6

160.30 Fingerprinting; duties of division of criminal justice services.

Upon receiving fingerprints, the DCJS MUST search its record for prior convictions of the defendant or adjudications as a youthful offender or juvenile delinquent and report back to the submitting police officer the results of their search

Question 7

160.30 Fingerprinting; duties of division of criminal justice services.

If the fingerprints so received are not sufficiently__________ to permit accurate and complete classification, 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.

Answer 7

legible

Question 8

160.40-Fingerprinting; transmission of report received by police.

When an officer receives the report from DCJS, he or she must furnish:

• ____________ to the DA and
• ______________ to the court.
• The court will then provide ____________ of its copies to the counsel of the defendant or the defendant directly

Answer 8

ONE (1) copy ……… TWO (2) copies ……. ONE (1) copy

Question 9

160.45 Polygraph tests; prohibition against.

No one shall polygraph or perform a psychological stress evaluation on ____________________

Answer 9

sex assault victims.

Question 10

160.50-Order upon termination of action in favor of the accused

1. When an action is terminated in favor of the accused, UNLESS the court on its own motion with not less than ___________ notice to the accused or the DA with not less than ____________ notice to the accused that the interests of justice require otherwise, THE COURT shall order the record of such action or proceeding sealed and the Clerk of the Court SHALL IMMEDIATELY notify commissioner of DCJS

• (a) any fingerprints, photographs taken and reports made are either returned to the accused or destroyed;
• (b) police, agencies, and DCJS must notify anyone to which they sent reports to return or destroy them.
• (c) generally, all official records shall be sealed

Answer 10

FIVE(5) days’ …….. FIVE(5) days’

Question 11

160.50-Order upon termination of action in favor of the accused

d) Sealed records SHALL be made available to person accused or agent AND

• 1. a prosecutor (in a case where the defendant has moved for an ACOD in a marihuana case).
• 2. law enforcement agency UPON EX PARTE MOTION in any superior court if justice requires.
• 3. any state or local agency responsible for issuance of gun licenses, when accused has applied for license
• 4. NYS division of parole when accused is on parole supervision as a result of conditional release or a parole release granted by NYS Board of parole, and arrest which is subject of inquiry is one which occurred while accused was under such supervision
• 5. any prospective employer of a police or peace officer, after application by person.
• 6. probation department responsible for supervision of the accused under such supervision.

Answer 11

xx

Question 12

160.50-Order upon termination of action in favor of the accused

2. A report of the termination of action or proceeding in favor of the accused shall be ______________ of sealing to the commissioner of the DCJS.

Answer 12

sufficient notice

Question 13

160.50-Order upon termination of action in favor of the accused

3. A criminal action or proceeding against a person shall be considered terminated in favor of such person when:

• 1. an order is entered dismissing the entire accusatory instrument against such person (and not appealed).
• 2. a verdict of complete acquittal was made (and not appealed).
• 3. a trial order of dismissal of entire accusatory instrument was made (and not appealed).
• 4. order setting aside verdict was entered, no new trial was ordered, and order was not appealed.
• 5. order vacating judgment was entered and not appealed.
• 6. order of discharge was entered and not appealed.
• 7. all charges are dismissed by grand jury.
• 8. DA elects not to prosecute (prior to filing of accusatory instrument).
• 9. arresting police agency elects not to proceed (prior to filing of accusatory instrument).
• 10. K. (NEW) Cannabis offenses:
• 11. order dismissing action (ACOD)

Answer 13

xx

Question 14

160.50-Order upon termination of action in favor of the accused

3. A criminal action or proceeding against a person shall be considered terminated in favor of such person when:
4. K. (NEW) Cannabis offenses:

• (k) (i) The conviction was for a Controlled Substance Violation (PL220) or PL240.36 Loitering in the first degree prior to the effective date of PL 221, and the sole controlled substance involved was marihuana and the conviction was only for a misdemeanor and/or violation; or
• (ii) the conviction is for an offense defined in section 221.05 or 221.10 of the penal law (Marijuana offenses now REPEALED) prior to the effective date of chapter one hundred thirty-two of the laws of two thousand nineteen; or
• (iii) the conviction is for an offense defined in former section 221.05 221.10, 221.15, 221.20, 221.35, or 221.40 of the penal law (Marijuana offenses now REPEALED); or
• (iv) the conviction was for Appearance in public under the influence of narcotics or a drug other than alcohol (PL240.40); or
• (v) the conviction was for Criminal possession of a controlled substance in the seventh degree and fifth degree (PL220.03 and PL220.06) prior to the effective date of the chapter of the laws of two thousand twenty-one that amended this paragraph, and the sole controlled substance involved was concentrated cannabis; or
• (vi) the conviction was for an offense defined in section for Cannabis use (PL222.10), Personal Cultivation and home possession of cannabis (PL222.15), Unlawful possession of cannabis (PL222.25) or Unlawful sale of cannabis (PL222.45)
• No defendant shall be required or permitted to waive eligibility for sealing or expungement pursuant to this section as part of a plea of guilty, sentence or any agreement related to a conviction for a violation of Restrictions on cannabis use (PL222.10), Cultivation and home possession of cannabis (PL222.15), Unlawful possession of cannabis (PL222.25) or Unlawful sale of cannabis (PL222.45) of the penal law and any such waiver shall be deemed void and wholly unenforceable.

Answer 14

xx

Question 15

160.50-Order upon termination of action in favor of the accused

Expungement of certain marihuana-related records.

A conviction of an offense listed above in section (K) shall, on and after the effective date of this paragraph be vacated and dismissed, and all records of such conviction(s) and related records shall be expunged, and the matter shall be considered terminated in favor of the accused and deemed a ____________ , having been rendered legally invalid.

Answer 15

nullity

Question 16

160.50-Order upon termination of action in favor of the accused

Expungement of certain marihuana-related records.

All such records for an offense described in this paragraph where the conviction was entered on or before the effective date of the chapter of the laws of 2019 that amended this paragraph shall be expunged promptly and, in any event, no later than ____________ after such effective date.

Answer 16

one year

Question 17

160.50-Order upon termination of action in favor of the accused

Expungement of certain marihuana-related records.

Duties of certain state officials and law enforcement agencies; Commencing upon the effective date of this paragraph:

• (Bard) (I) The chief administrator of the courts must promptly notify the commissioner of DCJS and the heads of all appropriate police departments, district attorney’s offices, and other law enforcement agencies of all convictions that have been vacated and dismissed that all records related to these convictions will be expunged and that the matter will be considered terminated in favor of the accused and deemed ____________

Answer 17

a nullity.

Question 18

160.50-Order upon termination of action in favor of the accused

Expungement of certain marihuana-related records.

Duties of certain state officials and law enforcement agencies; Commencing upon the effective date of this paragraph:

Upon receipt of notification of such vacatur, dismissal and expungement, all records relating to such conviction(s), or the criminal action or proceeding, shall be marked as ____________ by conspicuously indicating on the face of the record and on each page or at the beginning of the digitized file of the record that the record has been designated as expunged.

Answer 18

expunged

Question 19

160.50-Order upon termination of action in favor of the accused

Expungement of certain marihuana-related records.

Duties of certain state officials and law enforcement agencies; Commencing upon the effective date of this paragraph:

Such records and papers shall not be made available to any person, except the individual whose case has been expunged or such person’s designated agent, and they may request in writing that such records be ____________ and

Answer 19

destroyed;

Question 20

160.50-Order upon termination of action in favor of the accused

Expungement of certain marihuana-related records.

Duties of certain state officials and law enforcement agencies; Commencing upon the effective date of this paragraph:

(II) Where automatic vacatur, dismissal, and expungement, including record destruction if requested, is required but any record of the court system in this state has not yet been updated to reflect same:

• when the division of criminal justice services conducts a search of its criminal history records, and returns a report thereon, all references to a conviction for an offense described in paragraph (k) above shall be _____________ from such report; and
• the_______________ shall develop and promulgate rules as may be necessary to ensure that no written or electronic report of a criminal history record search conducted by the office of court administration contains information relating to a conviction for an offense described in paragraph (k) above; and

Answer 20

excluded……… chief administrator of the courts

Question 21

160.50-Order upon termination of action in favor of the accused

Expungement of certain marihuana-related records.

Duties of certain state officials and law enforcement agencies; Commencing upon the effective date of this paragraph:

• where court records relevant to such matter cannot be located or have been destroyed, and a person or their attorney presents to an appropriate court employee a fingerprint record of the New York state division of criminal justice services, or a copy of a court disposition record or other relevant court record, which indicates that a criminal action or proceeding against such person was terminated by conviction of an offense described in paragraph (k) above, then promptly, and in any event within___________ after such notice to such court employee, the chief administrator of the courts or his or her designee shall assure that such vacatur, dismissal, and expungement, including record destruction if requested, have been completed

Answer 21

thirty (30) days

Question 22

160.50-Order upon termination of action in favor of the accused

Expungement of certain marihuana-related records.
Vacatur, dismissal and expungement without prejudice to any person or such person’s attorney seeking further relief for Motion to vacate judgment, Set aside sentence, Invalid sentences, or any other law.

• Nothing in this section is intended or shall be interpreted to diminish or abrogate any right or remedy otherwise available to any person.

Answer 22

xx

Question 23

160.50-Order upon termination of action in favor of the accused

Expungement of certain marihuana-related records.

• (BARD) The Office of Court Administration and the Division of Criminal Justice Services will create an ___________________ to inform the public about the new law that expunges marihuana convictions.

Answer 23

Information campaign