CPL 400 through 430

Question 1

CPL 400.10 T/F? Before pronouncing sentence, the court must hold one or
more pre-sentence conferences.

Answer 1

False

Question 2

CPL 400.15 A person convicted of a violent felony offense after having been
previously convicted of a violent felony is known as a__________

Answer 2

Second violent felony offender. (Know all the other offender definitions.)

Question 3

CPL 400.15 T/F? Hearing to determine whether a person was convicted
previously of a predicate felony is without a jury and finding must be based
on preponderance of the evidence.

Answer 3

False. finding must be based on proof beyond a reasonable doubt.

Question 4

CPL 400.20 Order directing hearing to determine if person should be
sentenced as persistent felony offender must be filed with court (and hearing
date must be not less than____days from date the order was filed).

Answer 4

20

Question 5

CPL 400.27 T/F? When a defendant is found guilty of murder in the first
degree, the court must promptly conduct a hearing to determine whether deft.
shall be sentenced to death or life imprisonment without parole.

Answer 5

False. Court does not have to conduct hearing when the people do not seek a
death sentence.

Question 6

CPL 400.27 T/F? If court sets aside a sentence of death, court must allow 10
days for people to appeal. The taking of an appeal by the people stays any new
sentencing proceeding.

Answer 6

True

Question 7

Persistent violent felony offender is a person convicted of violent felony and
previously convicted of:
A. a predicate violent felony.
B. two or more predicate violent felonies.
C. two or more felonies
D. three or more felonies

Answer 7

B (CPL 400.16)

Question 8

Which of the following regarding pre-sentence conferences is
false?
A. Court must hold one or more pre-sentence conferences.
B. Conference may be held in the absence of defendant.
C. Court may conduct summary proceeding on matter relating to
sentencing.
D. Conference must be held in open court or chambers.

Answer 8

A (CPL 400.10)

Question 9

CPL 410.20 T/F? Defendant must be present if court relaxes or
eliminates one of the conditions of probation

Answer 9

False. Defendant. must be present when court ENLARGES conditions.

Question 10

CPL 410 When the court relaxes the conditions of probations and
the defendant is not present, the court must notify the defendant
within____ days of such modification.

Answer 10

20

Question 11

CPL 410.40-410.50 A person on probation is in legal custody
of______and under supervision of ______

Answer 11

the court…. the probation department

Question 12

CPL 410.70 The court may NOT revoke a sentence of probation
unless: (2 requirements)

Answer 12

1. it finds defendant violated a conditions,
   &
2. it has given the defendant an opportunity to be heard

Question 13

CPL 410.90 Court may at any time terminate a period of
conditional discharge or probation other than_____________

Answer 13

Lifetime probation

Question 14

Defendant must be present where the court:
A. relaxes conditions of conditional discharge.
B. modifies any condition of probation.
C. relaxes condition of cond. discharge or probation
D. enlarges any condition of probation

Answer 14

D (CPL 410.20)

Question 15

Choose the best answer: The court may not revoke a sentence of
probation or conditional discharge unless:
A. court found def. has not violated a condition.
B. defendant has had an opportunity to be heard
C. neither A nor B
D. both A and B

Answer 15

B (CPL 410.70)

Question 16

Which of the following regarding a hearing on violation is false?
A. Hearing must be a summary one.
B. Hearing must be with a jury.
C. Defendant may present evidence in his own behalf.
D. Finding must be based upon a preponderance of the evidence.

Answer 16

B (CPL 410.70)

Question 17

In sentence of probation or conditional discharge commission of
another offense (other than traffic infraction):
A. constitutes grounds for revocation of sentence in any case.
B. constitutes grounds for revocation of sentence only if so specified
as a condition of sentence.
C. constitutes grounds for relaxation of conditions.
D. None of the above.

Answer 17

A (CPL 410.10)

Question 18

CPL 420.10 Failure to pay a fine for a felony: additional sentence is
up to

Answer 18

1 year

Question 19

CPL 420.10 Failure to pay a fine for a misdemeanor: additional
sentence is up to_______

Answer 19

1/3 of authorized sentence

Question 20

CPL 420.10 Failure to pay a fine for a petty offense: additional
sentence is up to_________

Answer 20

up to 15 days

Question 21

CPL 420.10 Where sentence of imprisonment as well as a fine,
restitution or reparation is imposed, aggregate of the period and the
term of the sentence may NOT exceed __________

Answer 21

maximum authorized term of prison