CPL 215 Flashcards
An adjournment in contemplation of dismissal (ADC) for the purposes of referring to dispute resolution MAY BE issued for any felony.
T / F
False
Provided, however, that the court MAY NOT order any action adjourned in contemplation of dismissal if the defendant is charged therein with: (i) a class a felony, or (ii) a violent felony offense as defined in section 70.02 of the penal law or (iii) any drug offense as defined in article two hundred twenty of the penal law, or (iv) a felony upon the conviction of which defendant must be sentenced as a second felony offender, a second violent felony offender, or a persistent violent felony offender pursuant to sections 70.06, 70.04 and 70.08 of the penal law, or a felony upon the conviction of which defendant may be sentenced as a persistent felony offender pursuant to section 70.10 of such law.
CPL 215.10
An adjournment in contemplation of dismissal (ADC) MAY BE ordered by the judge after final disposition of the case.
False
Upon or after arraignment in a local criminal court upon a felony complaint, or upon or after arraignment in a superior court upon and indictment or superior court information, and before final disposition thereof, the court, with the consent of the people and of the defendant, and with reasonable notice to the victim and an opportunity for the victim to be heard, MAY order that the action be adjourned in contemplation of dismissal, for the purpose of referring the action to a community dispute center established pursuant to article twenty-one-A of the judiciary law.
CPL 215.10
For the judge to order adjournment in contemplation of dismissal (ACD) there MUST BE consent of the people and the defendant.
T / F
True
Upon or after arraignment in a local criminal court upon a felony complaint, or upon or after arraignment in a superior court upon and indictment or superior court information, and before final disposition thereof, the court, with the consent of the people and of the defendant, and with reasonable notice to the victim and an opportunity for the victim to be heard, MAY order that the action be adjourned in contemplation of dismissal, for the purpose of referring the action to a community dispute center established pursuant to article twenty-one-A of the judiciary law.
CPL 215.10
Upon issuing an adjournment in contemplation of dismissal (ACD), the court MUST release the defendant on his own recognizance and refer the action to dispute resolution.
True
Upon issuing an order adjourning an action in contemplation of dismissal pursuant to section 215.10 of this article, the court MUST release the defendant on his own recognizance and refer the action to a dispute resolution center established pursuant to article twenty-one-A of the judiciary law.
The dispute resolution center must advise the district attorney whether the charges against the defendant have been resolved no later than 30 days after referral by the judge.
T / F
False
No later than 45 days after an action has been referred to a dispute resolution center, such center MUST advise the district attorney as to whether the charges against the defendant have been resolved.
CPL 215.30
After a case has been referred to a dispute resolution center and the 45-day report has been made, if defendant has agreed to pay a fine, restitution, or reparation, the dispute resolution center must advise the district attorney every 30 days of the status of such fine, restitution, or reparation.
T / F
True
Thereafter, if defendant has agreed to pay a fine, restitution or reparation, the district attorney must be advised every thirty days as to the status of such fine, restitution or repration.
CPL 215.
If defendant does not pay fine, restitution or reparation, the court, upon application of the people made not later than six months after issuance of the adjournment in contemplation of dismissal (ACD), MAY restore the case to the calendar.
T / F
False
Notwithstanding the foregoing, where defendant has agreed to pay a fine, restitution, or reparation, but has not paid such fine, restitution or reparation, upon application of the people, made at any time not more than one year after the issuance of an order adjourning an action in contemplation of dismissal, the court MAY restore the action to the calendar upon determination that defendant has failed to pay such fine, restitution, or reparation, and the action MUST thereupon proceed.
CPL 215.30
The papers in an action SHALL BE sealed upon issuance of an adjournment in contemplation of dismissal (ACD).
T / F
False
All papers and records relating to an action that has been dismissed pursuant to this section SHALL BE subject to the sealing provisions of this section. 160.50 of this chapter.
CPL 215.40
The Adjournment in contemplation of dismissal (ACD) MAY BE ordered at or after arraignment and before final disposition in local criminal court on a felony complaint and:
A) after final disposition in a superior court;
B) at or after arraignment and before final disposition in superior court;
C) before or after final disposition in a local criminal court; and
D) none of the above.
B
Upon or after arraignment in a local criminal court upon a felony complaint, or upon or after arraignment in a superior court upon an indictment or superior court information, and before final disposition thereof.
CPL 215.10
For a judge to order an adjournment in contemplation of dismissal (ACD) there must be:
1. Consent of the people;
2. Consent of the defendant;
3. Reasonable notice to the victim and an opportunity to be heard.
A) 1 and 2 only;
B) 1 and 3 only;
C) 1, 2, and 3; or
D) 2 and 3 only.
C
The court, with the consent of the people and of the defendant, and with reasonable notice to the victim and an opportunity for the victim to be heard, MAY order that the action be adjourned in contemplation of dismissal.
CPL 215.10
The victim as per CLP 215, is defined as a person alleged to have sustained physical or financial injury to person or property as a direct result of crime(s) charged in a:
1. Felony compliant
2. Superior court information
3. Indictment
A) 1, 2, and 3;
B) 2 and 3 only;
C)1 and 3 only; or
D) 1 and 2 only.
A
For purposes of section 215.10 of this article, “victim” means any person alleged to have sustained physical or financial injury to person or property as a direct result of the crime or crimes charged in a felony complaint, superior court information, or indictment.
CPL 215.20
Upon dismissal of an action pursuant to CPL 215:
1. The arrest and prosecution shall be deemed a nulity
2. Defendant shall be restored to pre-arrest and prosecution status
A) 1 only;
B) 2 only;
C) both 1 and 2; or
D) neither 1 nor 2.
C
Upon dismissal of an action, the arrest and prosecution SHALL be deemed a nullity, and defendant shall be restored to the status he or she occupied before his or her arrest and prosecution.
CPL 215.40
