CPL 220 Volume 1

Question 1

220.10 Plea; kinds of pleas

The defendant may as a matter of right enter a plea of “___________ “ to the indictment

Answer 1

not guilty

Question 2

220.10 Plea; kinds of pleas

A defendant can enter a plea to the entire indictment, or when the indictment charges but one crime, with the permission of the court and with the consent of the people, the defendant may plea to___________________ , etc.

Answer 2

lesser included offenses

Question 3

220.10 Plea; kinds of pleas

If the indictment charges ____________ offenses in separate counts, there is a wide variety of pleas options which also require permission of the court and consent of the people.

Answer 3

two or more

Question 4

220.10 Plea; kinds of pleas

A-I, A-II (PL 220) DRUGS OR ATTEMPT OF

Answer 4

B FELONY

Question 5

220.10 Plea; kinds of pleas

B FELONY (PL220) DRUGS

Answer 5

D FELONY

Question 6

220.10 Plea; kinds of pleas

ANY B FELONY OTHER THAN DRUGS OR B VIOLENT

Answer 6

TO a FELONY

Question 7

220.10 Plea; kinds of pleas

A FELONY or B VIOLENT ARMED FELONY

Answer 7

C VIOLENT FELONY

Question 8

220.10 Plea; kinds of pleas

B AND C VIOLENT FELONY

Answer 8

D VIOLENT FELONY

Question 9

220.10 Plea; kinds of pleas

D VIOLENT (CRIMINAL POSSESSION OF A WEAPON 3RD DEGREE)

Answer 9

E FELONY

Question 10

220.10 Plea; kinds of pleas

CLASS E FELONY OFFENSE OF AGGRAVATED HARASSMENT OF AN EMPLOYEE BY AN INCARCERATED INDIVIDUAL

Answer 10

E FELONY
(I.E. NO PLEA DEAL ALLOWED!)

Question 11

220.10 Plea; kinds of pleas

The defendant may NOT enter a plea of guilty to _________________ unless with the permission of the court, consent of the people and an agreed upon sentence other than death…No Suicide allowed

Answer 11

Murder 1

Question 12

220.10 Plea; kinds of pleas

The defendant may, with both the permission of the court and the consent of the people, enter a plea of not responsible by reason of _______________________ to the indictment

Answer 12

mental disease or defect

Question 13

220.10 Plea; kinds of pleas

• There are special rules regarding a defendant who is a juvenile offender.
• In certain circumstances the district attorney may recommend removal of the action to the family court

Answer 13

xx

Question 14

220.15 — Plea of not responsible by mental disease

• The defendant may with BOTH the permission of the _________ and consent of _________ enter a plea of not responsible by reason of mental disease or defect to the entire indictment.
• The DA must state orally on the record or in writing with the court that the people consent to such entry and that they are satisfied that the affirmative defense of lack of criminal responsibility by reason of mental disease or defect would be ___________________ by a preponderance of the evidence

Answer 14

Court ……. the people,……………… proven by the defendant at trial

Question 15

220.15 — Plea of not responsible by mental disease

Counsel for the defendant must state that in his opinion the defendant has the capacity to _________ the proceedings and to ______________ and that the defendant understands the consequences of a plea of not responsible by reason of mental disease and defect

Answer 15

Understand ……….. assist in his own defense

Question 16

220.15 — Plea of not responsible by mental disease

The court must address the defendant in _________ to determine he understands his ________ and the effect of such plea, ex: he has a right to be tried by jury, etc.

Answer 16

open court……… rights

Question 17

220.15 — Plea of not responsible by mental disease

The court before accepting such plea must first determine that there is a _______________ for such plea and that the defendant is taking this plea voluntarily and not the result of force, threats or promises

Answer 17

factual basis

Question 18

220.15 — Plea of not responsible by mental disease

The court must find and state each of the following on the record in detail before accepting the plea of not responsible by reason of mental disease or defect

1. That it is satisfied that each _________ of the offense charged would be established beyond a reasonable doubt at trial
2. That the ___________ of not responsible by mental disease or defect would be proven by the defendant at a trial by a preponderance of the evidence
3. That the defendant has the capacity to _____________ the proceedings against him and to ________________
4. That such plea by the defendant is made ____________ and ___________ and there is a factual basis for such plea
5. That the acceptance of such plea is required in the interest of the public in the effective __________________..”just what does that mean?”

Answer 18

Element ………affirmative defense …….. understand……….. assist in his own defense …….. knowingly and voluntarily………… administration of justice.