CPL Article 410-730

Question 1

CPL 410.90 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

Question 2

CPL 410.30 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

Question 3

CPL 410.40-410.50 A person on probation is in legal custody of ______ and under supervision of ___________.

Answer 3

The court / the probation department

Question 4

CPL 410.70 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

Question 5

CPL 410.90 Court may at any time terminate a period of conditional discharge or probation, except for ______.

Answer 5

Lifetime probation

Question 6

CPL 410.20 T/F? Defendant must be present if court relaxes or eliminates one of the conditions or probation.

Answer 6

False. Defendant must be present when court ENLARGES conditions.

Question 7

CPL 410.20 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

Question 8

CPL 420.20 Generally, unless court finds undue hardship, it may direct that a defendant be imprisoned for a maximum of ____ days until he pay mandatory surcharge, sex offender registration fee or DNA databank fee. In certain cases, court may waive fees.

Answer 8

15 days

Question 9

CPL 420.10 Failure to pay a fine for a misdemeanor: additional sentence is up to _______.

Answer 9

1/3 of authorized sentence

Question 10

CPL 420.10 Failure to pay a fine for a petty offense: additional sentence is up to _______.

Answer 10

15 days

Question 11

CPL 420.10 Where sentence of imprisonment as well as a fine, restitution or reparation is imposed, aggregate of the period and the term of the sentence may NOT exceed _______.

Answer 11

Maximum authorized term of imprisonment

Question 12

CPL 420.20 A corporation must pay its fine (when?)

Answer 12

At the time of sentencing.

Question 13

CPL 420.20 If corporation does not pay its fine, fine may be collected in like manner as __________.

Answer 13

A civil judgment

Question 14

CPL 420.10 Failure to pay a fine for a felony: additional sentence is up to ____.

Answer 14

1 year

Question 15

CPL 430.30 In NYC counties and counties that have a commissioner of correction, it is the duty of such commissioner to deliver defendant to the proper institution. In all other counties it is the duty of _____.

Answer 15

The sheriff

Question 16

CPL 430.10 T/F? Except where authorized by law, a duly and lawfully imposed sentence of imprisonment may NOT be changed, suspended or interrupted once term or period of sentence has commenced.

Answer 16

True

Question 17

CPL 430.10 In cases of an INTERMEDIATE or DETERMINATE sentence, commitment must be to whom ____?

Answer 17

Commissioner of corrections and community supervision

Question 18

CPL 500.10 A principal is a defendant in a criminal action, or person adjudged to be ___________.

Answer 18

A material witness

Question 19

CPL 500.10 ______________ means to allow a principal to be at liberty during pendency of action.

Answer 19

Release on own recognizance

Question 20

CPL 500.10 _______ is a principal or other person who executed a bail bond and thereby assumes the liability.

Answer 20

Obilgor

Question 21

CPL 500.10 What are the 3 things that a securing order does?

Answer 21

1) commits principal to custody of the sheriff, or 2) fixes bail, or 3) releases him on his own recognizance

Question 22

CPL 500.10 A surety is _________.

Answer 22

an obligor who is not a principal.

Question 23

CPL 500.10 T/F? Secured bail bond can be secured by personal property greater than or equal to undertaking.

Answer 23

True

Question 24

CPL 500.10 Secured bail bond can be secured by real property at least ______ value of the undertaking.

Answer 24

2 times

Question 25

CPL 500.10 A partially secured bail bond is secured by money not in excess of _____ percent of the total amount of the undertaking.

Answer 25

10 percent

Question 26

CPL 410.70

Choose the best answer: The court may not revoke a sentence of probation of conditional discharge unless:
A. Court found defendant has not violated a condition.
B. Defendant has had an opportunity to be heard
C. Neither A nor B
D. both A and B

Answer 26

B

Question 27

1-Who qualifies as a “Youth” under CPL 720.10?

Answer 27

A person charged with a crime alleged to have been committed when he was at
least 16 years of age and less than 19 years old (16, 17, or 18) or a person
charged with being a juvenile offender (13 years old who is criminally
responsible for Murder 2, sexually motivated felony, 14 or 15 criminally
responsible for various severe crimes including Murder 2, Kidnapping 1, Arson 1,
etc.).

Question 28

2-Who is considered an “Eligible Youth” under CPL 720.10?
A youth who is eligible to be found a youthful offender unless the conviction to
be replaced is for a class ‘A-I’ or class ‘A-II’ felony, the youth has previously been
convicted and sentenced for a felony, the youth has previously been adjudicated
a youthful offender following conviction of a felony, or has been adjudicated a
juvenile delinquent who committed a designated felony defined in the family
court act after September 1, 1978.

Answer 28

A youth who is eligible to be found a youthful offender unless the conviction to
be replaced is for a class ‘A-I’ or class ‘A-II’ felony, the youth has previously been
convicted and sentenced for a felony, the youth has previously been adjudicated
a youthful offender following conviction of a felony, or has been adjudicated a
juvenile delinquent who committed a designated felony defined in the family
court act after September 1, 1978.

Question 29

CPL 720
At what age can a person be charged as a juvenile offender for Murder in the
2nd degree or a sexually motivated felony?

Answer 29

13

Question 30

What crimes may a 14 or 15-year-old be criminally responsible for under CPL
720.10?

Answer 30

Murder 2, Kidnapping 1,
Arson 1, Assault 1, Manslaughter 1, Rape 1, Criminal Sexual Act 1, Aggravated
Sexual Abuse 1, Burglary 1 and 2, Arson 1, Robbery 1 and 2, Weapons in School
Grounds, Attempted Murder 2, Attempted Kidnapping 1, and sexually motivated
felonies.

Question 31

5-What is a “Youthful Offender Finding” under CPL 720.10?

Answer 31

A “Youthful Offender Finding” is a finding substituted for the conviction of an
Eligible Youth, pursuant to a determination that the Eligible Youth is a Youthful
Offender.

Question 32

CPL 720

What is a “Youthful Offender Sentence”?

Answer 32

the sentence imposed upon a youthful
offender finding.

Question 33

CPL 720

What is a “Youthful Offender Adjudication”?

Answer 33

A “Youthful Offender Adjudication” is a combination of a Youthful Offender
finding and the youthful offender sentence imposed, completed by the
imposition and entry of the youthful offender sentence.

Question 34

CPL 720
When is a Youthful Offender Adjudication considered complete?

Answer 34

upon the imposition
and entry of the youthful offender sentence.

Question 35

CPL 720
When an accusatory instrument is filed against an apparently Eligible Youth,
how must the court file it?

Answer 35

as a sealed instrument, though only with
respect to the public.

Question 36

CPL 720
-Under what circumstances may all proceedings in an action against a youth
be conducted in private?

Answer 36

All proceedings may be conducted in private at the discretion of the court and
with the defendant’s consent when the youth is initially arraigned upon an
accusatory instrument.

Question 37

CPL 720

Does the sealing or privacy of an accusatory instrument apply when the
youth has a pending charge of committing a felony?

Answer 37

No, neither the sealing nor the privacy applies with a pending charge of
committing a felony.

Question 38

CPL 720

When does the provision requiring the accusatory instrument to be sealed
not apply?

Answer 38

if the defendant has previously been adjudicated a youthful offender or convicted of a crime.

Question 39

13-Do the provisions of CPL 720.15 apply to a person charged with prostitution

Answer 39

Yes, the provisions apply regardless of whether the person had been convicted
of a crime or found a youthful offender prior to the trial or subsequent to such
conviction for prostitution.

Question 40

14-Does the privacy and sealing apply to arraignments and proceedings for
individuals charged with prostitution under CPL 720.15?

Answer 40

Yes, the provisions of sealing and conducting the proceedings in private shall
apply to individuals charged with prostitution as defined in section 230.00 of the
penal law.

Question 41

CPL 720
-What must the court do upon the conviction of an eligible youth, and what
must it determine at the time of sentencing?

Answer 41

Upon conviction of an eligible youth, the court must order a pre-sentence
investigation of the defendant, and at time of sentence, must determine if the
eligible youth is a youthful offender and thereby relieved from the onus of a
criminal record and the court would not be compelled to impose an
indeterminate sentence of more than 4 years (in the case of a felony).

Question 42

CPL 720

upon the conviction of an eligible youth the court must order a_____ of the defendant

Answer 42

a pre-sentence investigation of the defendant.

Question 43

CPL 720

What must the court determine at the time of sentencing an eligible youth?

Answer 43

if the eligible youth is a youthful offender and
thereby relieved from the onus of a criminal record.