CPL 410 VOLUME 1 Flashcards
410.10 — Specifications of conditions of the sentence
Sentences of Probation or Conditional Discharge require specifying the conditions to be complied with.
A sentence of probation requires the defendant receive a _____________ of the conditions and it is not necessary to specify the conditions _____________
written copy ………. orally
410.10 — Specifications of conditions of the sentence
Commission of an additional offense while on Probation or CD is grounds for revocation, even if not listed as ___________
a condition
410.10 — Specifications of conditions of the sentence
(New) (Bard) Probationers and conditional dischargees can travel to and from bona fide work during curfew hours without __________ their sentence.
violating
410.20 - Modification or enlargement of conditions — know this cold
The court may modify or enlarge the conditions at any time during the sentence.
The defendant (MUST/MAY) be present for modification unless the modification is a relaxation or elimination of conditions
If the defendant was not present for the relaxation or elimination of conditions, then within ____________ the court will notify the defendant in writing of the new conditions
MUST ……….. TWENTY (20) days
410.30 - Declaration of Delinquency
If the court has reasonable cause to believe the defendant violated a condition of sentence, it may declare the defendant delinquent and file a written ______________. The court will then take action to have the defendant appear for further action.
declaration of delinquency.
410.30 - Declaration of Delinquency
If the request of a declaration of delinquency is from a probation officer, the court shall make a decision upon the request within _________________ from the request.
SEVENTY-TWO(72) HOURS
410.30 - Declaration of Delinquency
Upon the filing of a written declaration of delinquency the court must take reasonable and appropriate action to cause the defendant to ________ for a final determination on the alleged delinquency
appear
410.40 - Notice to appear, warrant
Notice to appear is a written notice mailed or served personally directing the defendant to appear. In certain circumstances, the court may direct the defendant to appear within ______________
TEN (10) BUSINESS DAYS
410.40 - Notice to appear, warrant
Where a probation officer has requested that a probation warrant be issued, the court shall within ___________ , issue or deny the warrant.
SEVENTY-TWO(72) HOURS
410.40 - Notice to appear, warrant
A warrant could also be issued if the court feels the defendant violated his sentence. It would direct a police officer or appropriate peace officer to bring the defendant without _____________ before the court
unnecessary delay
410.40 - Notice to appear, warrant
If the court is closed and the warrant was issued by the Supreme Court, the officer can lodge the defendant with a ________________ until the next business day court is in session. If issued by a local criminal court he can be brought to another local criminal court
correctional facility
410.40 - Notice to appear, warrant
If the superior court is unavailable and the defendant is 16 or younger for an offense/probation violation after 10/01/2018, or ______ or younger for an offense/probation violation after 10/01/2019, the officer shall bring the defendant before the ___________ or the most __________________ designated by the appellate division if the Youth part is not in session.
Seventeen…youth part.. most accessible magistrate
(NEW) If the court in which the warrant is returnable is a superior court, and such court is not available, and the warrant is addressed to a police officer or appropriate probation officer certified as a peace officer, such executing officer shall, where a defendant is sixteen years of age or younger who allegedly commits an offense or a violation of his or her probation or conditional discharge imposed for an offense on or after 10/01/2018, or where a defendant is ___________ years of age or younger who allegedly commits an offense or a violation of his or her probation or conditional discharge imposed for an offense on or after 10/01/2019, bring the defendant without unnecessary delay before the __________, provided, however that if the youth part is not in session, the defendant shall be brought before the _________________ designated by the appellate division.
410.50 — Custody and supervision of probationers
A person who is under a sentence of probation is in the legal _______________ which imposed the sentence. The probation department has the duty of supervising the defendant during this legal custody
CUSTODY OF THE COURT
410.50 — Custody and supervision of probationers
If at any time during the sentence the court has reasonable cause to believe the defendant has violated a condition of the sentence it (MUST/MAY) issue a search order. The order is directed to a probation officer to search the defendant, his home and/or personal property
MAY
410.50 — Custody and supervision of probationers
If at any time the probation officer has reasonable cause to believe the defendant has violated his sentence of probation he may take the defendant into custody without a __________ and search him without a search order. A probation officer may be assisted by the Police for such actions
warrant
