CPL Articles 320-390 Flashcards
CPL 320.10 A defendant may waive a jury trial except where indictment charges _________.
Murder in the first degree.
CPL 320.20 T/F? In a single judge trial of an indictment, opening and closing statements are discretionary with the judge.
False. Judge must allow opening and closing statements.
CPL 320.20 T/F? The order of trial is the same as in a jury trial of an indictment.
True
CPL 330.10 What must the court do immediately after a verdict of complete acquittal?
discharge the defendant if he is in the custody of sheriff, or if he is on bail, exonerate his bail.
CPL 330.10 An examination orders a defendant to submit to psychiatric examination for up to initial period of up to _____ days.
30
CPL 330.20 A first retention order is for a maximum period of _____.
1 year
CPL 330.20 Second retention order and subsequent retention order are up to maximum period of ________.
2 years
CPL 330.20 An order of conditions is valid for a period of _____ years and can be extended an additional ______ years.
5 years / 5 years
CPL 330.25 A case where defendant is a juvenile offender and verdict is guilty, may upon motion be removed to the family court, except where found guilty of _________.
Murder in the second degree
CPL 330.20 Dangerous mental disorder means that defendant is mentally ill and _________.
is a risk to himself and others.
CPL 330.20 A commitment order is a period of _______.
6 months
CPL 350.20 T/F? A JHO does not have the same powers as a judge.
False
CPL 350.10 T/F? In a non-jury trial in a LCC the court must allow opening statements.
False. MAY
CPL 350.20 T/F? A JHO may be assigned to conduct any trial in a LCC.
False. Not when the charges include an A misdemeanor.
CPL 360.10 A trial jury in a LCC consists of _____ jurors.
6
CPL 360.15 A challenge to the entire panel of jurors must be made before _________.
jury selection begins
CPL 360.15 A challenge to the entire panel of jurors may be made only by ______.
The defendant
CPL 360.15 T/F? Challenge to entire panel of jurors may be made oral if time doesn’t permit written challenge.
False. Challenge must be made in writing.
CPL 360.30 In a LCC trial how many peremptory challenges are allowed for the people? All the defendants combined? ______
3 peremptory challenges are allowed for the people. 3 peremptory challenges are allowed for all the defendant’s combined.
CPL 360.35 In a LCC trial ____ peremptory challenge(s) is/are allowed in the selection of alternate jurors.
1 peremptory challenge
CPL 380.20 T/F? The court does not have to pronounce a sentence on each court.
False- court MUST
CPL 380.40 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.
10 days / 7 days
CPL 380.50 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.
60 days
CPL 380.30 T/F? The court may not sentence the defendant at the time conviction is entered.
False. 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.
CPL 380.30 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.
True
CPL 380.40 T/F? Except where the defendant is a corporation, the defendant must always be present at the time sentence is pronounced.
False. For misdemeanor or petty offense, court may upon motion of defendant dispense with requirement that defendant be present.
CPL 380.60 In general the document that serves as the authors for the execution of sentence and serves as the order of conviction is _________.
Certificate of conviction
CPL 380.70 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.
30 days
CPL 380.97 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 _________.
Firearms
CPL 390.20 On a misdemeanor conviction a pre-sentence report is required where there are consecutive sentences of imprisonment totaling more than ____ days.
90 days
CPL 390.15 Generally, request for HIV testing must be made within ___ days after entry of defendant’s conviction.
10 days
CPL 390.20 T/F? A pre-sentence report is required where a person is convicted of a misdemeanor for a term of 180 days or more?
False. A term in EXCESS of 180 days.
CPL 390.40 The prosecutor’s pre-sentence memorandum must be served on defendants attorney at least ____ days prior to the date of sentence.
10 days
CPL 390.50 Pre-sentence report must be made available to defendant, defendant’s attorney, and prosecutor not less than ____ court day(s) prior to sentencing.
1 court day
CPL 390.60 T/F? Copy of pre-sentence report must accompany the defendant to the correctional facility.
True
CPL 390.15 T/F? Where a defendant is convicted of a felony sex offense, disclosure of HIV testing results shall be made to the court.
False. shall NOT
