Article 160 Flashcards Preview

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Flashcards in Article 160 Deck (19)
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1

A report of the termination of action by conviction for a (criminal? / non-criminal?) offense shall be sufficient notice of sealing to the commissioner of the DCJS

Non-criminal


CPL 160.55

2

T/F? Upon the termination of a criminal action or proceeding in favor of the accused, the arrest and prosecution shall be deemed a nullity.

True


CPL 160.60

3

T/F? Upon the termination of a criminal action or proceeding in favor of the accused, the accused shall be restored, in contemplation of law, to the status he occupied before arrest and prosecution

True.


CPL 160.60

4

T/F If fingerprints of a person arrested are taken, palm prints and a photograph must also be taken

False


CPL 160.10

5

After arrest and fingerprinting __ set(s) of fingerprints must be sent by police officer/agency to __.

2 sets ; DCJS


CPL 160.20

6

After receipt of fingerprint report, officer or agency must deliver __ copy(ies) to DA, and __ copy(ies) to court

One; two


CPL 160.40

7

Who provides a copy of the fingerprint report to the attorney for the defendant?

The court


CPL 160.40

8

T/F? A report of termination of action in favor of the accused is sufficient notice of sealing to the commissioner of DCJS

True


CPL 160.50

9

T/F? Generally, unless otherwise required, no person in whose favor whose favor a criminal action was terminated shall be required to divulge information pertaining to the arrest or prosecution

True


CPLR 160.50

10

T/F? After arrest, defendant must be fingerprinted if charged with loitering.

False


CPL 160.10

11

T/F? After arrest, defendant must be fingerprinted if charged with any felony, (or misdemeanor Defined in PL)

True


CPL 160.10

12

T/F? After arrest,fingerprints shall be taken if unable to ascertain person's identity.

False


CPL 160.10

13

After arrest, fingerprints MAY/MUST be taken if identification given by person may not be accurate.

MAY


CPL 160.10

14

How many of the following 11 statements are not correct? A criminal action or proceeding against a person shall be considered terminated in favor of such person when:
1. An order is entered dismissing the entire accusatory instrument against such person (and not appealed)
2. A verdict of guilty was made (and not appealed)
3. A trial order of dismissal of entire accusatory instrument was made (and not appealed)
4. Order setting aside verdict was entered, no new trial was ordered and order was not appealed
5. Order vacating judgment was entered and not appealed
6. Order of discharge was entered and not appealed.
7. All charges are dismissed by grand jury
8. DA elects not to produce (prior to filing of accusatory instrument)
9. Arresting police agency elects not to proceed (prior to filing of accusatory instrument)
10. Conviction was solely for marijuana controlled substance violation and 3 years have elapsed since offense
11. Order dismissing action (ACD) was entered
A. Only one of the statements is not correct
B. Two of the statements are not correct
C. Three of the statements are not correct
D. Four of the statements are not correct.

A. Only one of the statements is not correct


CPL 160.50 (statement 2 is not correct. Should read a verdict of complete acquittal was made [and not appealed])

15

After fingerprints are taken, the police officer or agency must forward ___ copies of such fingerprints to the division of criminal justice services (DCJS)
A. 1
B. 3
C. 4
D. 2

D. 2


CPL 160.20

16

Upon receipt of fingerprint report from DCJS, police officer or agency must deliver ___ copy(ies) to DA, and ___ copy(ies) of fingerprint report to the court
A. 2...2
B. 1...2
C. 1...1
D. 2...1

B. 1...2



CPL 160.40

17

Generally (except for ACD in marijuana cases), when criminal action terminates in favor of accused and unless court orders otherwise, record of proceeding shall be sealed by _______ who must notify DCJS and heads of appropriate police departments that the record has been sealed.
A. DA
B. Corporation Counsel
C. The clerk
D. None of the above

C. The clerk


CPL 160.50

18

Which of the following statements is false? Following an arrest, or following arraignment upon a LCC accusatory instrument, a defendant must be fingerprinted where accusatory instrument charges
A. Felony
B. Any misdemeanor defined in the PL
C. Any misdemeanor defined outside the PL
D. Loitering for purposes of engaging in s prostitution offense

C. Any misdemeanor defined outside the PL


CPL 160.10

19

Person convicted of traffic infraction (other than loitering - CPL 160.10-5) may apply to court (with _____ days notice to DA) for order sealing records.

20


CPL 160.55