CPL 420 & 430 Volume 2 Flashcards
420.35 —Mandatory surcharge, CVAF and other fees, applicability to sentence
- Failure to pay the mandatory surcharge, sex offender registration fee or DNA data bank fee will result in a maximum period of imprisonment not to exceed __________
- The court must give the defendant an opportunity to be heard that payment of such surcharge will not put an undue hardship on him or his family
FIFTEEN (15) DAYS.
420.35 —Mandatory surcharge, CVAF and other fees, applicability to sentence
(NEW) Except as provided in this subdivision or subdivision two-a of this section, under no circumstances shall the mandatory surcharge, sex offender registration fee, DNA databank fee or the crime victim assistance fee be waived.
A court shall waive any mandatory surcharge, DNA databank fee and crime victim assistance fee when:
(i) the defendant is convicted of ________
(ii) the defendant is convicted of a ___________ in the event such conviction is in lieu of a plea to or conviction for prostitution;
(iii) the court finds that a defendant is a victim of ____________ or a victim of trafficking in persons under the trafficking victims protection act; or
(iv) the court finds that the defendant is a victim of ___________
Prostitution;…….violation …….. sex trafficking…… sex trafficking
420.35 —Mandatory surcharge, CVAF and other fees, applicability to sentence
420.35(2-a). A court may waive any mandatory surcharge, additional surcharge, town or village surcharge, the crime victim assistance fee, DNA databank fee, sex offender registration fee and/or supplemental sex offender victim fee when the court finds that the defendant was under the age of _________ at the time the offense was committed and:
(a) the imposition of such surcharge or fee would work an ___________ on the defendant, his or her immediate family, or any other person who is dependent on such defendant for financial support; or
(b) The imposition of such surcharge or fee would adversely impact the defendant’s ____________ into society; or
(c) the interests of ________
Twenty-one……..unreasonable hardship ….reintegration…..the interests of justice.
420.35 —Mandatory surcharge, CVAF and other fees, applicability to sentence
It is the duty of the court of record or administrative tribunal to report to the division of criminal justice services on the _____ and ________ of all surcharges and fees
disposition and collection
420.40 — Financial hardship hearings
- A ___________ can be held to determine the defendant’s ability to pay the mandatory surcharge, sex offender registration fee, DNA data bank fee or the crime victim assistance fee,
- If after giving the defendant an opportunity to be heard, the court may ________all or part of the obligation.
- A written order shall issue not excusing the person, but having it become a __________ against them in the same manner as indicated in 420.10 above
financial hardship hearing………… DEFER………. judgment
§ 420.45 Post-trial motion relating to certain instruments affecting residential real property.
1
- If a defendant is convicted of____________ for filing related to a residential property purchase, the district attorney can file a motion in the _____________ to void the instrument. The motion must be written and provide notice to all property stakeholders. The motion papers must specify the property location and description, grounds for the motion, and sworn allegations of fact, including a copy of the guilty disposition.
Offering a false instrument for filing 1 or 2….. supreme
- When a defendant has been convicted after a trial or pled guilty to violating either PL175.30/35 _____________________ in connection to an instrument that is material to the transfer or purchase of residential real property, the district attorney may file a motion in the ___________ court in the county where the property that is subject to the instrument is located on behalf of the victim to void the instrument that is the subject of such criminal information or indictment.
- Such motion must be in writing and provide reasonable notice to all persons who have an interest in the property affected by such instrument.
- The motion papers must state the county or borough, if in the city of New York, and block, lot, street address of such property, and a description of such property.
- The motion papers must state the grounds of the motion, must contain sworn allegations of fact supporting such grounds, and include a copy of the guilty disposition attached to the document.
§ 420.45 Post-trial motion relating to certain instruments affecting residential real property.
- Within ________ after filing a motion pursuant to subdivision one of this section, the district attorney shall record a copy of the notice of motion in the office of the clerk of the county in which the property is situated.
- The notice shall be indexed by the clerk in the manner prescribed by CPLR 6511(C) and rules for a notice of pendency of action and shall have the same effect as such notice.
ten days
§ 420.45 Post-trial motion relating to certain instruments affecting residential real property.
- The _______ court must conduct a hearing and make findings of fact essential to the determination whether to declare the instrument described in subdivision one of this section void ab initio (of no legal effect).
- All persons providing factual information at such hearing must testify __________
- There will be a rebuttable presumption that where a party is convicted after a trial in criminal court or a guilty plea to either Offering a false instrument for filing 1or 2 in connection with an instrument that is material to the transfer or sale of residential real property, that such instrument is ________
supreme ……under oath…… void ab initio.
§ 420.45 Post-trial motion relating to certain instruments affecting residential real property.
- Upon the defendant’s conviction of or guilty plea to Offering a false instrument for filing 1 or 2 as described in subdivision one of this section, and after conducting a hearing, a court shall make a determination and if appropriate shall order that the instrument be declared void ab initio or grant other appropriate relief to the victim.
- The order of the court shall ________ the nature of the false statement or false information contained in such instrument.
- A copy of _________ shall be attached to the order of the court.
Describe……..such instrument
§ 420.45 Post-trial motion relating to certain instruments affecting residential real property.
- If the order relates to an instrument that has been filed with, registered, or recorded in _______, the district attorney shall record a certified copy of such order in the office of the recording officer of the county in which such property is situated, in the same manner as a conveyance duly acknowledged or proved and certified so as to entitle it to be recorded.
- Such recording officer shall record the same in his or her said office.
a public office
§ 420.45 Post-trial motion relating to certain instruments affecting residential real property.
- (BARD)
“All persons who have an interest in the property affected by such instrument” means:
- All parties who have recorded an instrument affecting the property, including any lienholders and current residents, as of the date of the filing of the criminal information or indictment.
xx
§ 420.45 Post-trial motion relating to certain instruments affecting residential real property.
- Nothing in this section shall be deemed to inhibit or prevent a party’s right to _______ such order.
appeal
430.10- Sentence of imprisonment not to be changed
When the court has imposed a sentence of imprisonment in accordance with the law, such sentence (MAY/MAY NOT) be changed, suspended or interrupted once the sentence has commenced!
MAY NOT
430.20- Commitment of the defendant - Read entire section
When a sentence is pronounced, the defendant must be_______ committed to the custody of the appropriate public servant until the sentence is complied with
forthwith
430.20- Commitment of the defendant - Read entire section
Indeterminate and Determinate sentences:
Commitment MUST be to the _______________________________
State Department of Correctional Services and Community Supervision
