CPL 220 Volume 2 Flashcards
220.20 - Lesser included offense
An offense that’s contained within a more serious offense - NOLO
Example: For assault or attempted assault, the offense of harassment is deemed a lesser included offense. Here is another, for criminal sale of controlled substance…. possession of controlled substance is a lesser included offense
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220.30 - Plea of guilty to part of the indictment“
A plea of guilty not embracing the entire indictment is a plea of guilty to _______________________”
part of the indictment
220.30 - Plea of guilty to part of the indictment“
“The entry and acceptance of a plea of guilty to part of the indictment constitutes a disposition to _______________ ”
the entire indictment
220.35 - Hearing on predicate felony conviction
When the entry of a plea is dependent on whether or not the defendant is a predicate felony offender and the defendant does not admit a predicate felony conviction, the court may conduct _________ for the purposes of determining if it can accept a plea or whether it must reject it
a hearing
220.40 - Plea; plea of not guilty; meaning
A plea of not guilty constitutes a denial of _____________ of the indictment
every allegation
220.50 Plea; entry of plea.
A plea to an indictment MUST be entered ________ by the defendant in person, except if the plea is to an indictment that does not charge a ________ then with the permission of the court it may be entered by _____________with written authorization from the defendant
Orally ………felony,…. counsel
220.50 Plea; entry of plea.
** A plea to an indictment against a corporation MUST be entered by ____________ **
counsel
220.50 Plea; entry of plea.
If a defendant who is required to enter a plea remains mute or refuses, the court MUST enter a plea of ________ on his behalf
not guilty
220.50 Plea; entry of plea.
Any time permission of the court or the consent of the people is required to enter a plea, it must be stated orally ____________ or in writing the reason for granting the permission or consenting to such plea
on the record
220.50 Plea; entry of plea.
Any sentence agreed upon by prosecutor and the defendant as a condition of plea… MUST be put on the record ________ or in writing stating the sentence agreed upon as condition of such plea
orally
220.50 Plea; entry of plea.
Prior to accepting a plea of guilty where a felony is charged, the court must advise the defendant on the record that if they are not a citizen of the USA, such plea can result in their ___________ or __________ from the USA.
deportation or exclusion
220.50 Plea; entry of plea.
If a defendant consents to a plea of guilty or to be prosecuted by Superior Court Information and as a condition of the plea, certain property will be forfeited by the defendant, a __________ of the property and the ___________ of it must be stated by the prosecutor in court at the time of the plea.
Description …… monetary value
220.50 Plea; entry of plea.
Forfeited property
Within _________ of the acceptance of the plea, the prosecutor shall send to the division of criminal justice services a document with the name of the defendant, a description and the value of the property, any other demographic data as required, and the date of the plea or SCI acceptance.
THIRTY(30) DAYS
220.50 Plea; entry of plea.
Any property forfeited will be disposed in accordance with __________
the CPLR.
220.50 Plea; entry of plea.
NEW: Prior to accepting a defendant’s plea of guilty where a felony is charged, the court must advise the defendant on the record that conviction will result in their loss of the right ________ while they are serving a felony sentence in a correctional facility and that this right will be restored once they are released.
to vote
220.51- Notice before entry of plea by a public official
Prior to trial and before accepting a defendant’s plea to an indictment or superior court information charging a felony, the court must advise the defendant on the record that if at the time the alleged felony offense was committed the defendant was a public official, that the defendant’s plea or conviction after trial may result in proceedings for the reduction or revocation of _________ Yikes!
their pension,
220.60 — Change of plea …“the indecisive defendant”
Any defendant who has entered a plea of not guilty to an indictment, may as a matter of right withdraw such plea at any time prior to _______________ and enter a plea of guilty to the entire indictment
rendition of verdict
220.60 — Change of plea …“the indecisive defendant”
To enter a plea of guilty to just part of the indictment or a plea of not responsible by mental disease or defect, it also must take place before the ______________ and requires permission of the court and consent of the people
rendition of verdict
220.60 — Change of plea …“the indecisive defendant”
At any time before the ___________ , the court in its discretion may permit the defendant to withdraw his guilty plea to either whole or part of the indictment or plea of not responsible by means of mental disease or defect, in such event the indictment is restored to its status at the time such plea was entered. A PSI (pre - sentence investigation) may have already been done by probation!
imposition of sentence
