CPL Article 410

Question 1

The court may terminate a period of lifetime probation when person has been on un-revoked probation for at least ____ consecutive years.

Answer 1

5 (CPL 410.90)

Question 2

Court may make a declaration of delinquency where it believes that defendant violated a condition of the sentence of probation or conditional discharge. Court must then cause defendant to appear for a final determination of the alleged delinquency. If request is from probation officer, court must make a decision within ____ hours.

Answer 2

72 (CPL 410.30)

Question 3

A person on probation is in legal custody of ______ and under supervision of ________.

Answer 3

The court…….the probation department (CPL 410.40-410.50)

Question 4

The court may NOT revoke a sentence of probation unless:

Answer 4

1. It finds defendant violated a condition, and
2. It has given the defendant an opportunity to be heard (CPL 410.70)

Question 5

Court may at any time terminate a period of conditional discharge or probation, other than ______.

Answer 5

Lifetime probation (CPL 410.90)

Question 6

T/F?
Defendant must be present if court relaxes or eliminates one of the conditions or probation.

Answer 6

False. (CPL 410.20)
Defendant must be present when court ENLARGES conditions.

Question 7

When the court relaxes the conditions of probation and the defendant is not present, the court must notify the defendant within ____ days of such modification.

Answer 7

20 days (CPL 410.20)