CPL 220 the plea

Questão	Responda
CPL 220.10 If indictment plea is a class "A" felony defined in PL 220 (controlled substance or attempt thereof) what is the lowest charge you can plead to?	class "B" felony
CPL 220.10 if you are charged with any other class "A" felony, what is the lowest plead?	class "C" felony
CPL 220.10 if you are charged with a class "B" armed violent felony what is the lowest plea?	Class "C" felony
CPL 220.10 if you are charged with a class "B" violent felony or any class "C" violent felony what is the lowest plea?	Class "D" violent felony
CPL 220.10 Class "B" felony defines in PL 220 (controlled substance or the attempt thereof) what is the lowest plea?	Class "D" felony
CPL 220.10 if you are charged with any other class "B" felony what is the lowest plea?	a felony
CPL 220.10 if you are charged with a 3rd degree "D" violent for criminal possession of a weapon in an indictment, what is the lowest plea?	"E" violent
CPL 220.10 true or false? the defendant may, as a matter of right, enter a plea of not guilty to an indictment	true
CPL 220.10 True or false? including the crime of murder 1, where the indictment charges 1 crime the defendant may with both the consent of the people and the permission of the court enter a plea of guilty to a lesser included offense	false, Except for Murder 1
CPL 220.10 except for Murder 1, where the indictment charges 2 or more offenses in separate counts, the defendant MAY, with both permission of the court and the consent of the people, enter a plea of what 3 things?	1. guilty of one or more BUT NOT ALL of the offenses OR 2. guilty of a lesser included offense with respect to any or all the offenses charged OR 3. guilty of any combination of offenses charged and lesser offenses included within other offenses charged
CPL 220.10 a defendant MAY/MAY NOT enter a plea of guilty to the crime of murder 1 as defined in PL 125.27 (death sentence), provided however that a defendant may enter such a plea with both the permission of the court and consent of the people, when agreed upon that the sentence is either what 2 things?	MAY NOT 1. life imprisonment without the possibility of parole OR 2. a term of imprisonment for the Class A-1 felony of murder in the first degree other than life imprisonment without parole
CPL 220.10 when the defendant is a juvenile offender, do the above provisions apply?	no
CPL 220.10 if an indictment charges a person 14 or 15 years old with the crime of Murder 2, any plea of guilty MAY/MUST be for a crime for which the defendant is in fact criminally responsible for	MUST be criminally responsible
CPL 220.15 A plea of not responsible by reason of mental disease or defect to the entire indictment may be entered with the permission of who?	the court and the consent of the people
CPL 220.15 when summons pleas not responsible by reason of mental disease or defect what must counsel state?	that in his opinion, the defendant DOES understand he charges against him and can assist in his own defense
CPL 220.15 before accepting such a plea of mental disease or defect, the court must query the defendant and satisfy it self that what?	defendant understands the nature of the chares against him and the consequences of such a plea. Also the court must be satisfied the defendant has sufficient capacity to assist in his own defense
CPL 220.15 who must state for the record that the affirmative defense of not responsible by reason of mental disease or defect would be proven by the defendant at trial by a preponderance of the evidence	both the court and the DA
CPL 220.15 what else must court state on the record?	that if the matter were to proceed to trial, it is satisfied that the people would prove the case beyond a reasonable doubt
CPL 220.15 why does the court and the DA have to state these things on the record?	defendant should not plead not responsible unless the DA has a a provable case
CPL 220.15 if the plea is accepted the the provisions of what will apply?	CPL 330.20 (Defendant must get tested, etc)
CPL 220.30 a plea of guilty not embracing the entire indictment is a plea of guilty to what?	to part of the indictment
CPL 220.30 the entry and acceptance of a plea of guilty to part of the indictment constitutes a disposition of what?	a disposition of the entire indictment
CPL 220.30 A plea of guilty whether to the entire indictment or part of the indictment, MAY/MUST with both the permission of the court and the consent of the people, be entered and accepted upon the condition that it constitutes complete disposition of one or more other indictments pending against the defendant	MAY
CPL 220.30 if the other indictments are pending in a different court or courts shall they be disposed of? unless what?	SHALL NOT be disposed of unless the courts transmit their written permission and consent
CPL 220.30 Does a plea of not guilty mean a denial of every allegation in the indictment?	YES!!
CPL 220.40 A plea of guilty must be entered how? if indictment only charged misdemeanor then with written consent of the Defendant, can attorney enter plea without defendant being present?	-must be made orally by defendant in person. -yes
CPL 220.40 if defendant remains silent or refuses to enter a plea, what must court do?	enter a plea of not guilty on his behalf
CPL 220.40 true or false? if consent of DA or court required, the guilty plea must be done orally or in writing accompanying the plea	true
CPL 220.20 if there is a condition that certain property shall be forfeited by defendant what should be stated in court by prosecutor at the time of the plea?	the description of the property and the present value of property
CPL 220.20 how many days within the acceptance of the plea must the people send a property description and property value to the DCJS	30 days
CPL 220.20 prior to the acceptance of a guilty plea to felony offenses, what SHALL the court advise the defendant of?	conviction will result in the loss of the right to vote while serving a felony sentence in the correctional facility and that his right to vote will be restored once he is released
CPL 220.51 if at the time of the crime a defendant was a public official, when must the court advise them that their plea of guilty and the courts acceptance thereof or conviction after trial MAY result in proceeding for the reduction or revocation such defendants pension	prior to the trial and before accepting a defendants plea to count(s) of AN INDICTMENT or SCI charging a felony offense
CPL 220.60 plea-entry of plea: a defendant who has entered a plea of not guilty may, as a matter of right, withdraw such plea and enter a plea to guilty to the entire indictment when?	at any time before rendition of a verdict
CPL 220.60 plea-entry of plea: a defendant who has entered a plea of not guilty to an indictment may with the permission of the court and the consent of the people withdraw such plea at any time before the rendition of a verdict and enter what two things?	1. a plea of guilty to part of the indictment OR 2. a plea of not responsible by reason of metal disease or defect to the indictment
CPL 220.60 plea- entry of plea: at any time before the imposition of sentence the court in its discretion may permit a defendant who has entered a plea of guilty to the entire indictment or to part of the indictment, or plea of not responsible by reason of mental disease or defect, to withdraw such plea and in such event, the entire indictment as it existed at the time of such please is what?	restored
CPL 220 true or false? all pleas to an indictment must be entered orally	false
CPL 220.10 in certain cases the DA may recommend removal to the FC. Upon accepting such plea, such plea shall be deemed a what?	a JD fact determination (and when it arrives in FC the matter will the proceed as id the fact-finding had already taken place and will now go to disposition)

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	Criado por Emily Deragon 2 meses atrás