CPL 380 Flashcards
380.10 — Applicability
In general the procedures set forth here apply to every offense whether defined in ________ or not
the penal law
380.20 - Sentence required
The court MUST pronounce sentence in every case where a __________ is entered.
For multiple counts it (MUST/MAY) pronounce sentence on every such count
Conviction……… must
380.30 — Time for pronouncing sentence
In general a sentence must be pronounced without __________
After conviction, the court MUST:
1. Fix a date for ___________
2. Fix a date for one of the__________ proceedings
3. Pronounce sentence on the date ___________ is entered.
unreasonable delay. ……… pronouncing sentence…. pre-sentence……… conviction
380.30 — Time for pronouncing sentence
The court may sentence on date of conviction if:
- A ___________ report or __________ is not required
- Where the report has been required,it has been received, provided the defendant must be inquired if an adjournment is needed and upon request and reason stated for adjournment, the court (MUST/MAY) grant such adjournment
pre sentence ……… fingerprint report …. MAY
380.30 — Time for pronouncing sentence
The court may conduct __________ presentence proceedings.
At conclusion of these proceedings, a date should be set to ____________
one or more……… pronounce sentence.
380.30 — Time for pronouncing sentence
If notice for proceeding is given after the date for sentence has already been fixed, then this automatically __________ the date for pronouncing sentence
adjourns
380.40 - Defendant’s presence at sentence
The defendant (MUST/MAY) be personally present at the time sentence is pronounced
MUST
380.40 - Defendant’s presence at sentence
Exception (don’t you love exceptions?): For a _______ OR ___________, on motion of the defendant, the court may allow the defendant to not be present for sentencing.
Such motion of the defendant must be accompanied by a waiver, signed and acknowledged by the defendant, reciting the _________ sentence that may be imposed and that he waives his right to be present
misdemeanor or petty offense …. MAXIMUM
380.40 - Defendant’s presence at sentence
A sentence against ______________ MAY be pronounced in the absence of counsel if counsel fails to appear on the date of sentence after reasonable notice
a corporation
380.50 — Statements at time of sentence
At Time of sentence the court (MUST/MAY) allow the prosecutor to make a statement regarding sentence, followed by counsel for the defendant and the defendant himself must be asked if he wants to make a statement on his own behalf
MUST
380.50 — Statements at time of sentence
The victim or a representative of the victim, if the victim is deceased or in any way unable to represent themselves, as long as the court does not find it inappropriate for such person to speak, may make a statement
xx
380.50 — Statements at time of sentence
For a FELONY the victim must request to make a statement at sentencing at least __________ prior to sentence, at such time the court SHALL afford the victim or their representative the opportunity to speak
The court SHALL notify the defendant no less than ________ prior to sentence of the victim’s intent to make a statement.
Failure to give such notice can result in ___________
TEN (10) DAYS…… SEVEN (7) DAYS……….. adjournment
380.50 — Statements at time of sentence
The order of making statements concerning sentence is as follows:
ProVi CoDe
- The Prosecutor, followed by
- The victim or representative, followed by
- Counsel for defendant or defendant- defendant has right to rebut any statements made by the victim
380.50 — Statements at time of sentence
Where there was no agreement between the people and the defendant as to a proposed sentence or the defendant is found guilty after trial or the court after the statement by the victim chooses not to impose the sentence agreed upon by the parties, or the victim makes a statement that includes allegations that were not explored at trial or contradict the evidence and the court feels the allegations are relevant to sentence, then the defendant will have the following rights:
- Reasonable adjournment of sentencing to allow the defendant to present information to ______________
- Allow the defendant to present ______________to the court that the defendant wants put to the victim. The court may in its _____________ decline to put any or all the questions to the victim and must state the reasons for doing so on the record
rebut victim allegations…….written questions …….. discretion
380.50 — Statements at time of sentence
If the ____________ does not appear to make a statement their right to do so is deemed waived and it shall not affect the validity of the conviction, judgment or order
victim
380.50 — Statements at time of sentence
Whether or not the victim makes a statement with regard to sentence, within ____________ from the date of sentence, if the defendant is incarcerated for a violent felony offense, murder or a sex offense, the prosecutor shall provide the victim with a form where the victim can request to be informed of the defendant’s escape, absconding, discharge, parole, conditional release, transfer to the custody of the office of mental health. It is the duty of the _________ to promptly mail the completed form to the department of corrections
SIXTY(60) DAYS……… prosecutor
380.50 — Statements at time of sentence
It shall be the duty of the department of corrections and community supervision or, where the person is committed to the custody of the office of mental health, at the time such person is discharged, paroled, conditionally released, released to post-release supervision, or released from confinement, to notify the victim of such occurrence by certified mail or (NEW) with the prior consent of the victim either by ____________ or by _____________ using the contact information provided by the victim.
regular mail………….. electronic transmission
380.50 — Statements at time of sentence
If the defendant ___________, the victim is to be notified by the department of correctional services immediately in the most reasonable and expedient manner.
If they are recaptured the victim is to be notified by certified or (NEW) regular mail or by electronic transmission using the contact information provided by the victim within _____________ of regaining custody.
escapes………. FORTY EIGHT(48) HOURS
380.50 — Statements at time of sentence
If the defendant is released, paroled or discharged, notice to the victim will be by _______________
certified mail
380.50 — Statements at time of sentence
- Another form must be provided to the victim also within ____________ to notify the victim if the defendant is petitioning for a name change.
- The victim should be notified promptly of the hearing date to change name.
- Such notice is the duty of the prosecutor
SIXTY(60) DAYS
380.55 Application for poor person relief on appeal.
Where counsel has been assigned to represent a defendant in a criminal action on the ground that the defendant is financially unable to retain counsel, the court may in its discretion at the time of sentencing entertain an application to grant the defendant ________________ on appeal.
poor person relief
380.55 Application for poor person relief on appeal.
If the court grants the application for poor person relief, it shall file a written order and shall provide a copy of the order to the appropriate _________________
appellate court.
380.55 Application for poor person relief on appeal.
The denial of an application shall not preclude the defendant from making a de novo (“of new”) application for poor person relief to the appropriate ______________
appellate court.
380.55 Application for poor person relief on appeal.
Where counsel has been assigned to represent a defendant in a criminal action on the ground that the defendant is financially unable to retain counsel, the appellate court shall presume the defendant ___________________ on appeal without further proof of eligibility, and, thereby, issue an order assigning such counsel, if counsel provides a sworn representation that the defendant continues to be eligible for assignment of counsel.
eligible for assignment of counsel
380.60 — Authority for the execution of sentence
**Except for a sentence of ___________ , the authority for executing a sentence and also serves as the order of commitment is the:
- _____________ AND ____________ OR
- CERTIFICATE OF ___________ or
- a certified copy thereof
Death……SENTENCE…… COMMITMENT ………… CONVICTION
380.65 — Sentence and commitment and order of protection to accompany defendant
A sentence and commitment or certificate of conviction specifying the section of the Penal law under which the defendant was convicted, and a copy of an ___________ against the defendant if any, must be delivered to the person in charge of the correctional facility or office of children and family services to which the defendant is committed at the time the defendant is delivered thereto
order of protection
380.70 — Minutes of sentence
In any case where the defendant receives an indeterminate or determinate sentence of imprisonment, a certified copy of the STENOGRAPHIC MINUTES of the sentencing proceeding must be delivered by the court to the person in charge of facility within ___________ of the sentence being imposed.
FutureClerk Hint: MINUTES TAKE __________________
THIRTY(30) DAYS………. A MONTH - MTM
380.85 — Reporting sentence to the office of professional medical conduct
Whenever a person who is a licensed physician or similar medical professional is sentenced for a crime, the court shall deliver a copy of the certificate of conviction to the office of ______________
professional medical conduct
380.90 - Reporting sentences to schools
Any person under the age of ___________ who is still enrolled in public or private school and who has been sentenced for a crime, will have notice provided of the conviction and sentence to the ____________________________ of the school.
Such notice shall only be used towards
- the student’s educational______,
- school _______ and
- ________into the community.
Such notification shall be kept separate and apart from the student’s school records and only accessible by the designated educational official.
It is not part of the student’s permanent school record and is to be ___________ upon the student’s departure from school
plan……adjustment……reentry … NINETEEN(19) …“designated education official” (The DEO)….. DESTROYED
380.95 & 380.95*2 —Reporting convictions of certain school employees
This new section was enacted by the 2008 legislative session. Essentially it requires that upon conviction of a teacher for certain sex offenses as defined in the education law, or conviction of a school administrator or supervisor for other offenses in the education law, the district attorney shall provide notice of the conviction to the commissioner of ______________ and with information identifying the offense, the name and address of such offender and other identifying information prescribed by the commissioner of education, including the offender’s date of birth and social security number as allowed by law, and the offender’s counsel of record.
education ……….. XX
380.96- Obligation of sentencing court
- Upon judgment of conviction of any offense where it is required that the defendant surrender firearms, shotguns or rifles and have any license for such revoked, the judge pronouncing sentence (MAY/SHALL) demand the surrender of any firearms and licenses.
- Failure to make such demand does not affect the validity of the surrender
SHALL
380.97 Notification to division of criminal justice services of certain misdemeanor convictions. (UPDATED)
Upon judgment of conviction of
- assault 3
- menacing 2 & 3,
- criminal obstruction of breathing or blood circulation,
- unlawful imprisonment 2,
- coercion 3,
- criminal tampering 3,
- criminal contempt 2,
- harassment 1, or
- aggravated harassment 2,
- criminal trespass 2 & 3,
- arson 5, or
- attempt to commit any of the above-listed offenses,
when the defendant and victim have been determined, to be members of the same family or household, the clerk of the court shall include notification and a copy of the written determination in a report of such conviction to the division of criminal justice services to enable the division to report such determination to the Federal Bureau of Investigation and assist the bureau in identifying persons prohibited from purchasing and possessing a firearm or other weapon due to conviction of (NEW) “any ___________ offense in any jurisdiction or in the former penal law that includes all of the essential elements of a ___________ offense as defined in the current penal law.” [PEN 265.00(17c)]
misdemeanor……….. felony
