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.
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