CPL Article 160 Flashcards
CPL 160.55 Person convicted of traffic infraction (other than loitering - 160.10-5) may apply to court (with ____ days’ notice to DA) for order sealing records.
20
CPL 160.55 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.
non-criminal
CPL 160.60 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.
True
CPL 160.60 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.
True
CPL 160.10 T/F? If fingerprints of a person arrested are taken, Palm prints and a photograph must also be taken.
False. MAY be taken.
CPL 160.20 After arrest and fingerprinting ___ set(s) of fingerprints must be sent by police officer/agency to ____.
TWO sets; DCJS
CPL 160.40 After receipt of fingerprint report, officer or agency must deliver ___ copy(ies) to DA, and ___ copy(ies) to court.
One; two
CPL 160.40 Who provides a copy of the fingerprint report to the attorney for the defendant?
the court
CPL 160.50 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.
True
160.10 T/F? After arrest, defendant must be fingerprinted if charged with loitering.
False. Only if loitering for prostitution offense
CPL 160.10 T/F? After arrest, defendant must be fingerprinted if charged with any felony, (or a misdemeanor defined in PL).
True
CPL 160.10 T/F? After arrest, fingerprints shall be taken if unable to ascertain person’s identity.
False. MAY be taken.
CPL 160.10 After arrest, fingerprints MAY/MUST be taken if identification given by person may not be accurate.
MAY be taken
