CPL 360-390

Description

Civil exam Criminal Procedure Law Quiz on CPL 360-390, created by Emily Deragon on 18/10/2024.
Emily Deragon
Quiz by Emily Deragon, updated about 1 month ago
Emily Deragon
Created by Emily Deragon about 1 month ago
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Resource summary

Question 1

Question
The court may not sentence the defendant at the time conviction is entered
Answer
  • True
  • False

Question 2

Question
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
Answer
  • True
  • False

Question 3

Question
Except where the defendant is a corporation, the defendant must always be present at the time sentence is pronounced.
Answer
  • True
  • False

Question 4

Question
In general the document that serves as the authority for the execution of sentence and serves as the order of conviction is _____
Answer
  • Certificate of Conviction
  • indictment
  • information
  • complaint
  • Certificate of Charges

Question 5

Question
Where there is an indeterminate or determinate sentence, a certified copy of the minutes of sentence must be delivered to person in charge of institution within __ days from date sentence was imposed
Answer
  • 10
  • 20
  • 30
  • 45
  • 60

Question 6

Question
Choose the best answer. The court may sentence the defendant at the time of conviction:
Answer
  • in all cases
  • if a pre-sentence report or a fingerprint report is required
  • where any such report is required the report has been received
  • both "if a pre-sentence report or a fingerprint report is required" and "where any such report is required the report has been received"

Question 7

Question
Choose the best answer. With reference to sentencing:
Answer
  • in general the defendant need not be present at time sentence is pronounced
  • Sentence may be pronounced against a corporation in absence of counsel

Question 8

Question
The authority for the execution of sentence is:
Answer
  • certificate of disposition of judgment
  • transcript of judgment
  • certificate of conviction
  • transcript of disposition of judgment

Question 9

Question
Where an indeterminate reformatory or alternative local reformatory sentence is imposed, a certified copy of the minutes of sentence proceedings must be delivered to institution within __ days from date sentence was imposed
Answer
  • 10
  • 15
  • 30
  • 45

Question 10

Question
Where a defendant is convicted of a felony sex offense, disclosure of HIV testing results shall be made to the court.
Answer
  • True
  • False

Question 11

Question
Generally, request for HIV testing must be made within ___ days after entry of defendant's conviction
Answer
  • 5
  • 10
  • 20
  • 30

Question 12

Question
A pre-sentence report is required where a person is convicted of a misdemeanor for a term of 180 days or more
Answer
  • True
  • False

Question 13

Question
the prosecutors pre-sentence memorandum must be served on defendant's attorney at least __ days prior to the date of sentence
Answer
  • 5
  • 10
  • 20
  • 30

Question 14

Question
Pre-sentence report must be made available to defendant, defendant's attorney, ad prosecutor not less than __ court days prior to sentencing
Answer
  • 1
  • 2
  • 3
  • 4
  • 5

Question 15

Question
Copy of pre-sentence report must accompany the defendant to the correctional facility
Answer
  • True
  • False

Question 16

Question
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
Answer
  • defendant's attorney, defendant (if no attorney) and prosecutors only
  • court, defendants attorney, defendant (if no attorney) and prosecutor only
  • defendant and defendant's attorney only
  • prosecutor and defendant's attorney only

Question 17

Question
A pre-sentence report must be ordered when a person is convicted of misdemeanor(s) for which the following sentence will be imposed
Answer
  • A sentence of probation
  • aggregate sentences totaling more than 60 days

Question 18

Question
Which of the following statements is correct?
Answer
  • A court may order a pre-sentence report in any case
  • Court must order a pre-sentence report in a misdemeanor
  • Court may order pre-sentence report in felony convictions
  • none of the above

Question 19

Question
Choose the best answer. In any case where a defendant is convicted of a felony, the court:
Answer
  • may order a pre-sentence investigation
  • must order a pre-sentence investigation
  • may pronounce sentence prior to receipt of pre-sentence report
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