CPL 220 Flashcards
Select All correct answers: defendant in an indictment with multiple counts:
a) may not plead guilty to the entire indictment
b) may plead not guilty to all counts, as a matter of right
c) may plead guilty to murder 1 and only as to some offenses
d) may plead guilty to murder 1, where a death sentence may be imposed
e) may plead guilty to murder 1, with permission of the court and consent of the
people when the agreed upon sentence is life imprisonment without parole or
other term of imprisonment for murder in the first degree
b) may plead not guilty to all counts, as a matter of right
e) may plead guilty to murder 1, with permission of the court and consent of the
people when the agreed upon sentence is life imprisonment without parole or
other term of imprisonment for murder in the first degree
CPL 220.10-4) In entering a guilty plea to a lesser included offense in an
indictment charging two or more offenses:
a) only the prosecutor must consent
b) only the court must consent
c) both the court and the prosecutor must consent
d) either the court or the prosecutor must consent in some cases.
c) both the court and the prosecutor must consent
(CPL 220.10-6) If a defendant enters a plea of not responsible by reason of
mental disease or defect:
a) Defendant may do so with the permission of the prosecutor only
b) only the court’s permission is required
c) only the prosecutor’s consent is required
d) permission of the court and consent of the prosecutor is required
d) permission of the court and consent of the prosecutor is required
CPL 220.15-5) Before a plea of not responsible by reason of mental disease or
defect is accepted, the court must:
1. find that the defendant may not have the necessary capacity to understand
the proceedings against him
2. find that the acceptance of the plea is in the interest of the public and
furtherance of justice
3. find that the affirmative defense of lack of criminal responsibility by reason of
mental disease or defect would be proven by the defendant at a trial by a
preponderance of the evidence
4. find that the defendant knowingly and voluntarily made his plea and there is
a factual basis for the plea
5. find that the defendant would prove at trial by a preponderance of the
evidence his lack of criminal responsibility by reason of mental disease or defect
a) 1, 2, 3, 5, but not 4
b) 1, 3, 5, but not 2 and 4
c) 2, 3, 4, but not 1 and 5
d) all the above
c) 2, 3, 4, 5 but not 1
- (CPL 220.30-2) A guilty plea accepted as to part of an indictment:
a) constitutes a disposition of the entire indictment
b) constitutes a disposition of the entire indictment and all other criminal cases
pending against the defendant
c) requires a prosecutor’s approval
d) constitutes a disposition only of remaining felony counts, but not petty
offenses that may be charged in the indictment
a) constitutes a disposition of the entire indictment
CPL 220.50-2) A plea to an indictment against a corporation must be entered
by:
a) any officer of the corporation only
b) the president of the corporation
c) any employee of the corporation
d) the corporation’s attorney
d) the corporation’s attorney
CPL 220.50-3) If a defendant refuses to enter a plea on an indictment, the
following takes place:
a) he must be remanded with option for bail until a plea is entered
b) he must be deemed to have pleaded guilty
c) a plea of not guilty must be entered on his behalf
d) he must be released on his own recognizance
c) a plea of not guilty must be entered on his behalf
CPL 220.50-5) When a sentence is agreed upon by the prosecutor and a
defendant as a ground to entry of a plea of guilty:
a) only the court must state on the record that the sentence agreed upon is a
condition of the plea
b) the court and the prosecutor may state on the record or in a writing filed with
the court that the sentence agreed upon is a condition of the plea
c) the court or the prosecutor must state on the record or in a writing filed with
the court that the sentence agreed upon is a condition of the plea
d) the court must inform the defendant that the sentence may be changed at
the court’s discretion
c) the court or the prosecutor must state on the record or in a writing filed with
the court that the sentence agreed upon is a condition of the plea
(CPL 220.51) Before trial and before accepting a plea charging a felony the
court must advise defendant when they are a public official that the guilty plea:
a) may result in a suspension of public office employment
b) may cause his social security benefits to be suspended
c) may result in a reduction of any possible public assistance he may be entitled
to in the future
d) may result in the reduction or revocation of the defendant’s pension
d) may result in the reduction or revocation of the defendant’s pension
CPL 220.60-3) If a defendant enters a guilty plea and then wants to
withdraw his guilty plea:
a) Withdrawal of the plea is within the court’s discretion, at any time before
sentence is imposed
b) He has a right to withdraw the guilty plea, at any time before sentence is
imposed
c) He has a right to withdraw the guilty plea at any time, without court approval
d) A guilty plea once entered can only be withdrawn after sentence is imposed
a) Withdrawal of the plea is within the court’s discretion, at any time before sentence is imposed
