CPL Article 410-730 Flashcards
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.
5
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.
72
CPL 410.40-410.50 A person on probation is in legal custody of ______ and under supervision of ___________.
The court / the probation department
CPL 410.70 The court may NOT revoke a sentence of probation unless:
- It finds defendant violated a condition, and 2. It has given the defendant an opportunity to be heard
CPL 410.90 Court may at any time terminate a period of conditional discharge or probation, other than ______.
Lifetime probation
CPL 410.20 T/F? Defendant must be present if court relaxes or eliminates one of the conditions or probation.
False. Defendant must be present when court ENLARGES conditions.
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.
20 days
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.
15 days
CPL 420.10 Failure to pay a fine for a misdemeanor: additional sentence is up to _______.
1/3 of authorized sentence
CPL 420.10 Failure to pay a fine for a petty offense: additional sentence is up to _______.
15 days
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 _______.
Maximum authorized term of prison.
CPL 420.20 A corporation must pay its fine (when?)
At the time of sentencing.
CPL 420.20 If corporation does not pay its fine, fine may be collected in like manner as __________.
A civil judgment
CPL 420.10 Failure to pay a fine for a felony: additional sentence is up to ____.
1 year
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 _____.
The sheriff