CPL 330 Volume 2

Question 1

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Place of Exam- Upon issuing the examination order the defendant must be committed to a __________ for purposes of conducting such exam.

• The Sheriff must hold the defendant until such time to deliver defendant to such secure facility and the Sheriff will deliver him.
• If the defendant was on bail or released at the time of such plea or verdict of not responsible, the court (MUST/MAY) in its discretion direct the exam to be conducted on an outpatient basis or if the commissioner informs the court that confinement is necessary for an effective exam, the court must direct that the defendant be confined

Answer 1

secure facility…. MAY

Question 2

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Examination order- Confinement for the purpose of an examination order shall not exceed ___________ unless upon application of the commissioner an additional _________________ may be granted. If conducted on an out-patient basis, it must still be completed in ______________ from when the defendant first appeared for the exam

• Each such Psychiatric examiner must submit report upon completion. If the examiners differ in their opinion as to the defendant’s mental state, the commissioner must appoint a _____________ as a tie-breaker. If the court is not satisfied with the findings of these examiners it can designate one or more additional examiners. Copies of the report must be furnished to the DA, counsel for the defendant and the Mental Hygiene Legal Service

Answer 2

(30) days …. (30) days …..THIRTY (30) DAYS………. third examiner

Question 3

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Initial Hearing; commitment order After the reports are submitted the court MUST within ____________ conduct an initial hearing to determine the defendant’s present mental condition.

Answer 3

TEN (10) DAYS

Question 4

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Initial Hearing; commitment order

At such initial hearing the DA must establish to the satisfaction of the court that the defendant is ___________ or has a ____________

Answer 4

mentally ill ………. dangerous mental condition

Question 5

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Initial Hearing; commitment order

If the court determines that the defendant has a dangerous mental disorder it (MUST/MAY) issue a commitment order

Answer 5

MUST

Question 6

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Initial Hearing; commitment order

If the court finds the defendant is just mentally ill it must establish an _____________ and an order committing the defendant to the custody of the commissioner. Such latter order of commitment is under the Mental Hygiene Law, which will determine such further retention, release or discharge

Answer 6

Order of Conditions

Question 7

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Initial Hearing; commitment order

If the court finds the defendant is not mentally III or does not have a dangerous mental disorder, then the defendant must be __________ either unconditionally or subject to an Order of Conditions

Answer 7

discharged

Question 8

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Initial Hearing; commitment order

Generally, at least __________ before the expiration of a commitment order, first retention order or second and subsequent retention orders, the commissioner must apply to the court for continuation or release order.

Written notice must be given to the DA, the defendant, counsel for the defendant, and MHLS. Any of the noticed parties may demand a hearing on the issue of whether the defendant has a dangerous mental disorder. Such demand must be within _____________ of their receipt of notice

Answer 8

THIRTY(30) DAYS…….. TEN(10) DAYS

Question 9

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Initial Hearing; commitment order

The commissioner can apply to the court for a Furlough order, which would allow the defendant to leave the facility for ____________ days.

__________ notice must be given and a hearing may be held to determine if a furlough order is consistent with public safety. If a defendant fails to return to the secure facility at the time specified, he shall be deemed to have escaped

Answer 9

fourteen (14)……….. TEN(10) DAYS

Question 10

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Initial Hearing; commitment order

The commissioner may apply for a Transfer order when it is believed the defendant does not have a dangerous mental disorder and should be transferred to a ____________

Answer 10

non-secure facility

Question 11

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Initial Hearing; commitment order

• The commissioner may apply for a Release order when it is believed that the defendant no longer has a _______________ OR ________________
• When the release order is issued it will be accompanied by an order of _______________
  The order of conditions will include a written ____________prepared by a psychiatrist.
• • It is the duty of the commissioner to insure the defendant is receiving the services as indicated in the plan

Answer 11

dangerous mental disorder or is mentally ill. ……. conditions. ….. service plan

Question 12

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Initial Hearing; commitment order

• The commissioner may apply for a Discharge order when the defendant has been continuously on an outpatient basis for ____________ or more on a release order.
• ____________ notice must be given and a hearing may be held

Answer 12

THREE (3) YEARS………….. Ten days

Question 13

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Initial Hearing; commitment order

• At anytime during the period of an order of conditions, the commissioner or the DA may apply for a _______________ order when it is believed the defendant has a dangerous mental disorder and needs to be recommitted

Answer 13

Recommitment

Question 14

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Initial Hearing; commitment order

Any defendant who is in custody pursuant to any of the above orders, if dissatisfied with such order, may within _______________ obtain a “rehearing and review” of the proceedings

Answer 14

THIRTY (30) DAYS

Question 15

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Initial Hearing; commitment order

No person confined in a secure facility may be discharged or released until the commissioner delivers written notice at least _______________ in advance of such release or discharge, excluding Sat, Sun and Holidays to the following

• 1. The District Attorney
• 2. The police department in the area of release
• 3. Any other person the court must designate

Answer 15

FOUR (4) DAYS

Question 16

330.25 Removal after verdict (NEW THROUGHOUT SECTION)

1. Where a defendant is a juvenile offender or an adolescent offender does not stand convicted of _________________ , upon motion and with the consent of the district attorney, the action may be removed to the family court.

Answer 16

murder in the second degree

Question 17

330.25 Removal after verdict (NEW THROUGHOUT SECTION)

2. If the D.A. consents to removal to Family Court, he shall file a memorandum with the court setting forth:

(1) a recommendation that the interests of justice would best be served by removal to family court; and

(2) if the conviction is of an offense of murder 2, rape 1, criminal sexual act 1; or an armed felony, specific factors, one or more of which reasonably support the recommendation, showing,

• (ii) mitigating circumstances that bear directly upon the manner in which the crime was committed, or
• (ii) where the defendant was not the sole participant in the crime, that the defendant’s participation was relatively minor although not so minor as to constitute a defense to prosecution, or
• (iii) where the juvenile offender has no previous adjudications of having committed a designated felony act, regardless of the age of the offender at the time of commission of the act, that the criminal act was not part of a pattern of criminal behavior and, in view of the history of the offender, is not likely to be repeated.

Answer 17

XX

Question 18

330.25 Removal after verdict (NEW THROUGHOUT SECTION)

If the court determines the case should be removed to family court, the verdict shall be set aside and a plea of guilty of a crime or act for which the defendant is not criminally responsible may be entered.

• Upon accepting any such plea, the court must specify upon the record the portion or portions of the district attorney’s memoranda statement that the court is relying upon as the basis of its opinion and that it believes the interests of justice would best be served by removal of the proceeding to family court.
• Such plea shall then be deemed to be a juvenile delinquency _________________ and the action will be removed to family court.

Answer 18

fact determination

Question 19

330.30 Grounds for a motion to set aside a verdict (AT)

At any time after rendition of a verdict and before sentence the court may UPON MOTION OF THE DEFENDANT, set aside or modify the verdict or any part thereof upon the grounds that:

1. an appeal would result in a reversal based as a ____________ , or (motion may be oral)
2. because of_____________ by juror, or another person affecting rights of defendant, or
3. that _____________ has been found which would have resulted in a more favorable verdict for the defendant

Answer 19

matter of law……. improper conduct…….. new evidence

Question 20

330.40 - Motion to set aside verdict procedure

• The motion to set aside the verdict based on grounds 2 ( improper conduct) and 3 (new evidence) above MUST be made ________ with reasonable notice to the people. Such motion papers must contain sworn allegations supporting the facts.
• The people may file opposition to the motion or consent to it. The court can determine the motion without a hearing and in certain circumstances must grant the motion. In other circumstances it may be necessary to hold a hearing in order to make the determination
• Upon a hearing to determine the motion, the defendant has the burden of proving by a ___________________, every fact essential to support the motion.

Answer 20

in writing ……………. preponderance of the evidence

Question 21

330.50- Order granting motion to set aside verdict

• If the court grants the motion upon a ground in subdivision 1 (matter of law) in section 330.30, it must take action as an appellate court would be required to take upon __________ or ________ a judgment.
• If the court grants the motion for the ground in Subdivision 2 (improper conduct) in section 330.30, it must after setting aside the verdict order ____________
• If the court grants the motion for the ground in Subdivision 3 (new evidence)in section 330.30, it may order a new trial after setting aside the verdict or it may modify the verdict to the ____________ that the jury may have determined was committed, based upon the new evidence.
• This must be with the consent of ____________

Answer 21

reversing or modifying…… a new trial……… lesser offense……….. the people.

Question 22

330.50- Order granting motion to set aside verdict

Upon a new trial resulting from an order setting aside a verdict, the indictment will contain ____________ contained and charged at the previous trial, including any counts dismissed by the court at the previous trial, except for those counts which the defendant was _____________

Answer 22

all the counts……… acquitted.