CPL Article 160

Question 1

Person convicted of traffic infraction (other than loitering - 160.10-5) may apply to court (with ____ days’ notice to DA) for order sealing records.

Answer 1

20 (CPL 160.55)

Question 2

A report of the termination of action by conviction for a (criminal? / non-criminal?) offense shall be sufficient notice of sealing to the commissioner of the DCJS.

Answer 2

Non-Criminal (CPL 160.55)

Question 3

T/F?
Upon the termination of a criminal action or proceeding in favor of the accused, the arrest and prosecution shall be deemed a nullity.

Answer 3

True (CPL 160.60)

Question 4

T/F?
Upon the termination of a criminal action or proceeding in favor of the accused, the accused shall be restored, in contemplation of law, to the status he occupied before arrest and prosecution.

Answer 4

True (CPL 160.60)

Question 5

CPL 160.10 T/F? If fingerprints of a person arrested are taken, Palm prints and a photograph must also be taken.

Answer 5

False. (CPL160.10)
MAY be taken.

Question 6

After arrest and fingerprinting ___ set(s) of fingerprints must be sent by police officer/agency to ____.

Answer 6

TWO sets…..DCJS (CPL 160.20)

Question 7

After receipt of fingerprint report, officer or agency must deliver ___ copy(ies) to DA, and ___ copy(ies) to court.

Answer 7

One…..two (CPL 160.40)

Question 8

Who provides a copy of the fingerprint report to the attorney for the defendant?

Answer 8

The court (CPL 160.40)

Question 9

T/F?
Generally, unless otherwise required, no person in whose favor a criminal action was terminated shall be required to divulge information pertaining to the arrest or prosecution.

Answer 9

True (CPL 160.50)

Question 10

T/F?
After arrest, defendant must be fingerprinted if charged with loitering.

Answer 10

False. (CPL 160.10)
Only if loitering for prostitution offense

Question 11

T/F? After arrest, defendant must be fingerprinted if charged with any felony, (or a misdemeanor defined in PL).

Answer 11

True (CPL 160.10)

Question 12

T/F?
After arrest, fingerprints shall be taken if unable to ascertain person’s identity.

Answer 12

False. (CPL 160.10)
MAY be taken.

Question 13

After arrest, fingerprints MAY/MUST be taken if identification given by person may not be accurate.

Answer 13

MAY be taken (CPL 160.10)

Question 14

T/F?
Upon receipt of DCJS records, the recipient police officer or agency must promptly transmit 2 copies to the court and 2 copies to the district attorney.

Answer 14

False (CPL 160.40)

Question 15

T/F? Following the arrest or following arraignment upon a local criminal court accusatory instrument, a defendant may be fingerprinted where the accusatory instrument charges a misdemeanor defined outside PL which would constitute a felony if such person had a previous judgment of conviction for a crime.

Answer 15

False (CPL 160.10)

Question 16

Upon receiving fingerprints from a police officer or agency, the division of criminal justice services (DCJS) must search its record. In their search they shall include all of the following:
A. Defendant’s previous record, if any
B. juvenile delinquent record, if any
C. youth offender record, if any
D. all of the above

Answer 16

D. all of the above (CPL 160.30)