39914652
Description
Flashcards by Emily Deragon, updated about 2 months ago
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Created by Emily Deragon
about 2 months ago
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| Question | Answer |
| CPL 160.10 following an arrest or following the arraignment upon a LCC accusatory instrument if a defendant whose court ____ is secured by summons or by appearance ticket ; the arresting officer or agency must take or cause to be taken fingerprints of the defendant | appearance is secure |
| CPL 160.10 what 4 offenses must fingerprints be taken for? | 1. a felony 2. a misdemeanor defined in the PL 3. a misdemeanor defined outside the PL which would constitute a felony if such person had a previous judgment of conviction for a crime or; 4. loitering for the purpose of engaging in prostitution |
| CPL 160.10 in addition, a police officer who makes an arrest for any offense, may take or cause to be taken the fingerprints of the arrested person in what 3 situations? | 1. the police officer is unable to ascertain the person's identity 2. reasonably suspects that the identification given by such person is not accurate 3. reasonably suspects that such person is being sought by law enforcement officials for the commission of some other offense |
| CPL 160.10 whenever fingerprints are required or permitted to be taken, what other 2 things of the defendant may be taken? | 1. photographs 2. palmprints |
| CPL 160.10 the taking of fingerprints must be in accordance with the standards established by who? | the commissioner of the division of criminal justice services (DCJS) |
| CPL 160.20 upon taking of the fingerprints of an arrested person, the police officer must without unnecessary delay forward __ copies of such fingerprints to the DCJS | 2 copies |
| CPL 160.20 upon receiving fingerprints from a police officer or agency, the DCJS must search its records for information concerning previous record of the defendant, including any adjudication as a ___, or as a ____ and promptly transmit to the police officer or agency a report containing all information on file with respect to the defendants record or stating that the defendant has no previous record | JD or youth offender |
| CPL 160.30 if the fingerprints so received are not sufficiently legible to permit accurate and complete classifications, they must be returned to the forwarding police officer or agency with an explanation of the defects and ___? | a request that the defendant's fingerprints be retaken in possible |
| CPL 160.40 Upon receipt of a report of DCJS the recipient police officer or agency must promptly transmit the report to the DA of the county and __ copies to the court in which the action is pending | 2 copies |
| CPL 160.40 upon receipt of such report, the court shall furnish a copy thereof to who? | counsel for the defendant or if they are not represented by counsel, then to the defendant |
| CPL 160.45 no district attorney, police officer or employee of any law enforcement agency request or require a ___ of ____ crime to submit to any polygraph test or psychological stress evaluator examination. NEVER! | victim of a sexual assault crime |
| CPL 160.50 when the action is terminated in favor of the accused (either by dismissal, or not guilty verdict, or any other means) the clerk of the court should immediately notify ____ that the action has been terminated in favor of the accused, and unless the court has directed otherwise, that the record SHALL BE SEALED | the commissioner of DCJS and the heads of all appropriate police department and other law enforcement agencies |
| CPL 160.50 upon receipt of such termination and sealing every photograph of such person and photograph plate or proof and palmprints and fingerprints taken, shall forthwith be either ___ or ___ to such person or the attorney of the action | destroyed or returned |
| CPL 160.50 the above proceedings shall take place UNLESS: the district attorney upon motion of at least __ days notice to the defendant or his attorney demonstrates to the satisfaction of the court that the interest of justice require otherwise | 5 days notice |
| CPL 160.50 the above proceedings shall take place UNLESS: the court on it's own motion with at least __ days notice to the defendant or his attorney determines that the interest of justice require otherwise and state the reasons for such determination on the record | 5 days notice |
| CPL 160.50 such sealed records may only be made available to what 7 people? | 1. the person accused or his designated agent 2. a prosecutor in any proceeding where defendant has moved for an OCD in a marijuana case 3. law enforcement agency if such agency demonstrates that justice require that such records be made available to them 4. any state or local officer or agency with responsibility for the issuance of licenses to posses guns, when the accused has made application for such a license 5. the NYS division of parole when the accused is on parole supervision as a result of conditional release or a parole release granted by the NY board of parole 6. any prospective employer of a police officer or peace officer (afforded an opportunity to explain) 7. the probation department responsible for the supervision of the accused |
| CPL 160.50 may the defendants attorney have access to sealed records? | no, unless he is also designated as the defendants agent |
| CPL 160.50 a person in whose favor an action was terminated prior to the effective date of this section, may file a motion, with no less than __ days notice to the DA, for an order granting to such person the relief- sealing of records, and such order shall be ___ unless the DA demonstrates to the satisfaction of the court that the interest of justice require otherwise | -20 days notice -Granted |
| CPL 160.50 a conviction for certain controlled substances (marijuana related) MAY/SHALL be vacated and dismissed and all records of such convictions shall be expunged | SHALL |
| CPL 160.50 the matter shall be terminated in favor of the accused and deemed null having been rendered legally ___ | invalid |
| CPL 160.50 all such records shall be expunged promptly and no later than __ year after such effective date | 1 year |
| CPL 160.50 the chief administrator shall promptly what 4 entities that all convictions have been vacated and dismissed | 1. the commissioner of DCJS 2. head of the appropriate police departments 3. DAs office 4. and law enforcement agencies |
| CPL 160.50 what shall be indicated on the face of the record or each page or at the beginning of the digital file? | that the record has been designated expunged |
| CPL 160.55 regardless of the class of offense for which a person is initially charged, upon the termination of a criminal action or proceeding against a person by the conviction of such person of a traffic infraction or a violation, other than the violation of operating a motor vehicle while ability impaired, the clerk of court shall notify DCJS and heads of appropriate police departments that the action has been terminated unless the DA upon its own motion with not less than __ days notice to such person or his or her attorney determines that the interests of justice require otherwise and states the reason of such determination on the record | 5 days notice |
| CPL 160.55 regardless of the class of offense for which a person is initially charged, upon the termination of a criminal action or proceeding against a person by the conviction of such person of a traffic infraction or a violation, other than the violation of operating a motor vehicle while ability impaired, the clerk of court shall notify DCJS and heads of appropriate police departments that the action has been terminated unless the court on its own motion with not less than __ days notice to such person or their attorney determines that the interest of justice require otherwise and states the reasons for such determination on the record | 5 days notcie |
| CPL 160.55 upon receipt of such notification, the commissioner of DCJS and the heads of all appropriate police departments shall do what? | in their discretion, either destroy or return fingerprints, photographs, palmprints |
| CPL 160.55 shall the records be deemed sealed? | yes |
| CPL 160.58 Marijuana convictions: the court that sentenced the defendant to a judicially sanctioned drug treatment may on its own motion or on the defendants motion, order that all official records and papers relating to the arrest, prosecution and conviction which resulted in the defendant's participation in the program be conditionally ___ | sealed |
| CPL 160.58 marijuana convictions: the court may also conditionally seal the arrest, prosecution, and conviction records for no more than __ of the defendant's prior eligible misdemeanors | 3 |
| CPL 160.58 marijuana convictions: the court may only seal all the records of the defendants arrests, prosecutions, and convictions when the sentencing court has requested and received DCJS or FBI ___? | fingerprint based criminal history record of the defendant, including any sealed or suppressed information |
| CPL 160.58 marijuana convictions: the court may only seal all the records of the defendants arrests, prosecutions, and convictions when defendant or court has identified the ___ for which the relief may be granted | misdemeanor convictions |
| CPL 160.58 marijuana convictions: the court may only seal all the records of the defendants arrests, prosecutions, and convictions when court has received documentation that the sentence imposed on the eligible misdemeanor convictions have been completed, or if documentation isn't available, a ___ that the sentence imposed on the prior misdemeanors have been complete | sworn affidavit |
| CPL 160.58 marijuana convictions: the court may only seal all the records of the defendants arrests, prosecutions, and convictions when the court has notified the DA and the court of record for such offenses, that the court is considering sealing the records of the defendant's eligible misdemeanor convictions. Both the DA and the court shall be given a reasonable opportunity, which shall not be less than __ days, in which to comment and submit materials to aid the court in making such a determination | 30 days |
| CPL 160.58 when court orders sealing of records pursuant to this section, records shall be sealed and not made available to any person or public or private agency, provided however, the ___ shall retain any fingerprints, palmprints, or digital images | the division |
| CPL 160.58 can the court seal a defendant's record while any charged offenses are pending? | n |
| CPL 160.59 what 7 offenses CANNOT be sealed? | 1. sex offenses 2. homicide 3. violent felony 4. class A felony 5. conspiracy where underlying offense is not an eligible offense 6. offense where registration as a sex offender is required 7. where defendant is convicted of more than 1 eligible offense, committed as part of same criminal transaction- those offenses shall be considered 1 eligible offense |
| CPL 160.59 who prescribes the form application which may be used by a defendant to apply for sealing? | the chief administrator |
| CPL 160.59 a defendant who has been convicted of up to __ eligible offenses but not more than __ felonies may apply to the court in which he was convicted of the most serious offense to have such convictions sealed | -2 eligible offenses -no more than 1 felony |
| CPL 160.59 what 5 things shall the application for sealing contain? | 1. copy of a certificate of disposition 2. sworn statement of the defendant as to whether defendant has filed, or then intends to file, any application for sealing of any other eligible offense 3. copy of any other application made 4. sworn statement as to which convictions defendant is seeking to be sealed 5. sworn statement as to why the court should grant such sealing with supporting documentation |
| CPL 160.59 who should the application for sealing be served on? | the DA |
| CPL 160.59 the DA has __ days to object the application for sealing | 45 days |
| CPL 160.59 the application for sealing SHALL be denied in what 7 situations? | 1. defendant is required to register as a sex offender OR 2. defendant previously received sealing of no more than three eligible misdemeanors OR 3. defendant previously received a sealing of no more than two eligible offenses but not more than 1 felony 4. if 10 years haven't passes since defendant's last sentence or defendants sentenced to incarceration (including probation) OR 5. defendant has an undisposed arrest or charge pending 6. defendant was convicted of any crime after the date of entry of judgment of the last conviction for which sealing is sought 7. defendant has been convicted of two or more felonies or more than two crimes |
| CPL 160.59 in calculating the 10 year period, any time the defendant spent incarcerated after conviction for which sealing shall be ___ and shall be extended by a period equal to the time the defendant ____ | -excluded -equal to the time the defendant spent incarcerated |
| CPL 160.59 when shall a hearing in this section be held? | when the DA opposes such sealing |
| CPL 160.59 in considering the application for sealing what 6 things shall the court consider | 1. how much time has passed since defendant's last conviction 2. the seriousness and circumstance of the offenses 3. defendant's character 4. any statements made by the victim of the offense 5. the impact on defendant's rehab and possibility for the defendant to productively reintegrate society 6. the impact sealing such record has on public safety |
| CPL 160.59 when an order is issued to seal records the court shall seal records and it shall only be made available to what 4 people/groups | 1. defendant or defendants designated agent 2. any state or local agency with responsibility of issuing licenses to possess guns, when person has made application for such license 3. any prospective employer of a police or peace officer in relation to defendant's application for employment as a police or peace officer 4. FBI only for the purpose of responding to queries about national background checks regarding the attempt to buy firearms |
| CPL 160.59 shall a defendant be required or permitted to waive eligibility for sealing as part of a guilty plea or sentence or any agreement related to a conviction for an eligible offense | no |
| CPL 160.59 any waiver shall be deemed __ and unenforceable | void and unenforceable |
| CPL 160.59 upon the termination of a criminal action or proceeding against the person in favor of such person, the arrest and prosecution shall be deemed a __ and the accused shall be restored to the status occupied before the arrest and prosecution | a nullity |
| CPL 160.59 the arrest or prosecution SHALL/SHALL NOT operate as a disqualification of any person to pursue or engage in any lawful actively, occupation or profession | SHALL NOT |
| CPL 160.59 true or false except where specifically required or permitted by statute or upon specific authorization of a superior court, no such person shall be require to divulge information pertaining to the arrest or prosecution | true |
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