Article 390 Flashcards Preview

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Flashcards in Article 390 Deck (12)
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1

On a misdemeanor conviction, a pre-sentence report is required where there are are consecutive sentences of imprisonment totaling more than __ days

90

CPL 390.20

2

Generally, request for HIV testing must be made within __ days after entry of defendant's conviction

10

CPL 390.15

3

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

CPL 390.20

4

The prosecutor's pre-sentence memorandum must be served on defendant's attorney at least ____ days prior to the date of sentence

10

CPL 390.40

5

Pre-sentence report must be made available to defendant, defendant's attorney, and prosecutor not less than __ court day(s) prior to sentencing

1

CPL 390.50

6

T/F? Copy of pre-sentence report must accompany the defendant to the correctional facility

True

CPL 390.60

7

T/F? Where a defendant is convicted of a felony sex offense, disclosure of HIV testing results shall be made to the court

False

CPL 390.15

8

Which of the following choices is not correct? A fingerprint report from DCJS or a police department report (prior arrest record) is required for sentencing where the defendant is convicted of any of the following
A. any felony
B. misd. defined in the penal law
C. misd. defined outside the penal law
D. loitering, or loitering for purposes of engaging in prostitution offense

C. miss. defined outside the penal law

CPL 390.10

9

Unless waived by the parties, a pre-sentence report must be made available by the court to ________ not less than 1 day prior to sentencing
A. defendant's attorney, defendant (if no attorney) and prosecutor only
B. court, defendant's attorney, defendant (if no attorney) and prosecutor only
C. defendant and defendant's attorney
D. prosecutor and defendant's attorney

A. defendant's attorney, defendant (if no attorney) and prosecutor only

CPL 390.50

10

A pre-sentence report must be ordered when a person is convicted of misdemeanor for which the following sentence will be imposed
A. a sentence or probation
B. aggregate sentences totaling more than 60 days
c. both
D. neither

A. a sentence or probation

CPL 390.20

11

Which of the following statements is correct?
A. court may order a pre-sentence report in any case
B. court must order a pre-sentence in a misd conviction
C. court may order pre-sentence report in felony convictions
D. none of the above

A. court may order a pre-sentence report in any case

CPL 390.20

12

Choose the best answer. In any case where a defendant is convicted of a felony, the court
A. may order a pre-sentence investigation
B. must order a pre-sentence investigation
C. may pronounce sentence prior to receipt of pre-sentence report
D. Both A and C are correct

B. must order a pre-sentence investigation

CPL 390.10