Article 380 Flashcards Preview

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Flashcards in Article 380 Deck (15)
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1

T/F? The court does not have to pronounce a sentence on each count

False

CPL 380.20

2

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.

7; 10

CPL 380.50

3

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

CPL 380.50

4

When a person is convicted of any of specified crimes, DA must within __ days of sentence, provide victim with a form on which victim may indicate a demand to be informed of any petition to change the name of defendant

60

CPL 380.50

5

T/F? The court may not sentence the defendant at the time conviction is entered

False

CPL 380.30

6

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 380.30

7

T/F? Except where the defendant is a corporation, the defendant must always be present at the time sentence is pronounced

False

CPL 380.40

8

In general the document that serves as the authority for the execution of sentence and serves as the order of conviction is ______________.

certificate of conviction

CPL 380.60

9

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

CPL 380.70

10

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 380.97

11

When person under ___ who is enrolled in elementary or secondary school is sentenced for a crime, sentencing court shall notify the designated educational official. Such notification shall be for purposes of student's educational plan and shall not be part of the permanent school record and shall be destroyed at time student is no longer enrolled in school district. If youthful offender, no notification is needed
A. 14
B. 15
C. 18
D. 19

D. 19

CPL 380.90

12

Choose the best answer. The court may sentence the defendant at the time of conviction
A. in all cases
B. if a pre-sentence report or a fingerprint report is required
C. where any such report is required, the report has been received
D. both B and C are correct

C. where any such report is required, the report has been received

CPL 380.30

13

Choose the best answer. With reference to sentencing
A. In general, the defendant need not be present at time sent nice is pronounced
B. Sentence may be pronounced against a corporation in absence of counsel
C. Both A and B
D. Neither

C. Both A and B

CPL 380.40

14

Where an indeterminate, reformatory or alternate local reformatory sentence is imposed, a certified copy of minutes of sentence proceedings must be delivered to institution within ___ days from date sentence was imposed
A. 10
B. 15
C. 30
D. 45

C. 30


CPL 380.70

15

The authority for the execution of s sentence is
A. Certificate of disposition of judgment
B. Transcript of judgment
C. Certificate of conviction
D. Transcript of disposition of judgment

C. Certificate of conviction

CPL 380.60