CPL Article 380

Question 1

T/F?
The court does not have to pronounce a sentence on each court.

Answer 1

False (CPL 380.20)

Question 2

If defendant is being sentenced on a felony, victim may request to speak. Request must be made at least ____ days before sentencing date. Court must notify defendant of request at least ____ days before sentencing date.

Answer 2

7 days……10 days (CPL 380.40)

Question 3

If defendant is in custody after conviction of a violent felony offense, DA must within ____ days of sentence, provide victim with a form on which victim may indicate a demand to be informed of defendant’s escape, discharge, parole, conditional release, release to post-release supervision, transfer to the custody of the office of mental health or release from confinement.

Answer 3

60 days (CPL 380.50)

Question 4

T/F?
The court may not sentence the defendant at the time conviction is entered.

Answer 4

False. (CPL 380.30)
The court MAY sentence the defendant at the time that conviction is entered if pre-sentence report or fingerprint report is not required, or if required has been received.

Question 5

T/F?
If after the court sets the date for pronouncing sentence it decides to have a pre-sentence proceeding, notice of such a proceeding automatically adjourns the date for pronouncing sentence.

Answer 5

True (CPL 380.30)

Question 6

T/F?
Except where the defendant is a corporation, the defendant must always be present at the time sentence is pronounced.

Answer 6

False. (CPL 380.40)
For misdemeanor or petty offense, court may upon motion of defendant dispense with requirement that defendant be present.

Question 7

In general the document that serves as the authors for the execution of sentence and serves as the order of conviction is _________.

Answer 7

Certificate of conviction (CPL 380.60)

Question 8

Where there is an indeterminate, or determinate sentence. A certified copy of minutes of sentence must be delivered to person in charge of institution within ______ days from date sentence was imposed.

Answer 8

30 days (CPL 380.70)

Question 9

Upon judgment of conviction for assault and other listed misdemeanors, the clerk of court shall send a copy of written determination to the DCJS to enable DCJS to report determination to FBI to identify persons prohibited from purchasing and possessing _________.

Answer 9

Firearms (380.97)