CPL Article 410-730 Flashcards

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1
Q

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.

A

5

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2
Q

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.

A

72

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3
Q

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

A

The court / the probation department

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4
Q

CPL 410.70 The court may NOT revoke a sentence of probation unless:

A
  1. It finds defendant violated a condition, and 2. It has given the defendant an opportunity to be heard
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5
Q

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

A

Lifetime probation

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6
Q

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

A

False. Defendant must be present when court ENLARGES conditions.

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7
Q

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.

A

20 days

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8
Q

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.

A

15 days

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9
Q

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

A

1/3 of authorized sentence

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10
Q

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

A

15 days

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11
Q

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 _______.

A

Maximum authorized term of prison.

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12
Q

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

A

At the time of sentencing.

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13
Q

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

A

A civil judgment

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14
Q

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

A

1 year

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15
Q

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 _____.

A

The sheriff

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16
Q

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.

A

True

17
Q

CPL 430.10 In cases of an INTERMEDIATE or DETERMINATE sentence, commitment must be to ______.

A

Commissioner of corrections and community supervision

18
Q

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

A

A material witness

19
Q

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

A

Release on own recognizance

20
Q

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

A

Obilgor

21
Q

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

A

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

22
Q

CPL 500.10 A surety is _________.

A

an obligor who is not a principal.

23
Q

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

A

True

24
Q

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

A

2 times

25
Q

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

A

10 percent