Quiz
CPL 440 quiz
Questions in this quiz (10)
1CPL 440.10 At any time ___ the entry of judgment court which judgment was entered MAY vacate judgment upon any of the appropriate grounds listed in 440
- ABefore
- Bafter
2CPL 440.10 court MAY vacate judgment upon which of the following grounds?
- Acourt did not have jurisdiction over the action or of the person of the defendant
- Bjudgment was procured by duress, misrepresentation or fraud by prosecutor or person acting on behalf of court or prosecutor
- Cmaterial evidence at trial was procured by prosecutor in violation of NYS or US constitution
- Dmaterial evidence at trial was false and not known by prosecutor or court before judgment
- Eduring proceeding defendant was unable to understand or participate in proceeding due to mental disease or defect
3CPL 440.10 court MAY vacate judgment upon which of the following grounds:
- Aimproper and prejudicial conduct appearing on the record occurred
- Bnew and favorable evidence which could not have been produced by defendant during trial even with due diligence
4CPL 440.10 court MUST deny motion to vacate judgment when ground or issue raised in motion was previously determined on merits by appellate court
- ATrue
- BFalse
5CPL 440.10 the court ___ deny motion to vacate judgment when upon previous motion defendant could have raised issue or ground but failed to do so
- AMay
- Bmust
6CPL 440.30 Motion to vacate judgment (440.10) and to set aside a sentence (440.20) must be in writing
- ATrue
- BFalse
7CPL 440.50 victim means any person who sustained physical or financial injury (offense PL 130) or in the case of homicide of a minor child, the victim's family
- ATrue
- BFalse
8CPL 440.50 final disposition means termination of case at trial including dismissal, acquittal, or imposition of sentence by court, or a decision by the DA not to file the case
- ATrue
- BFalse
9Which is false? the court MUST deny motion to vacate judgment when:
- Aground or issue raised in motion was not previously determined on merits by appellate court
- Bappeal is still timely and record contains sufficient facts for appellate review
- Cdefendant failed to take or perfect appeal based on grounds in motion
- Dground or issue raised in motion relates solely to validity of sentence and not to validity of conviction
10Under a new trial after judgment is vacated as per section CPL 440.10 the indictment is deemed to contain all counts charged in indictment at time previous to trial was commenced, regardless of whether any county was dismissed by the court during trial EXCEPT:
- Athose counts defendant was acquitted or deemed to have been acquitted, and
- Bcounts dismissed by the order vacating the judgment
- Ccounts previously dismissed by an appellate court or other court upon a previous post judgment motion
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- User has deleted their subject information Quiz on CPL 440 quiz , created by Deleted user on 26/10/2024.
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- Created on 26 Oct 2024 · updated on 26 Oct 2024
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