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Home » US Law » 2022 New York Laws » Consolidated Laws » CPL - Criminal Procedure » Part 2 - The Principal Proceedings » Title L - Sentence » Article 410 - Sentences of Probation, Conditional Discharge and Parole Supervision

410.10 – Specification of Conditions of the Sentence.

§ 410.10 Specification of conditions of the sentence. 1. When the court pronounces a sentence of probation or of conditional discharge it must specify as part of the sentence the conditions to be complied with. Where the sentence is one of probation, the defendant must be given a written copy of the conditions at the […]

410.20 – Modification or Enlargement of Conditions.

§ 410.20 Modification or enlargement of conditions. 1. The court may modify or enlarge the conditions of a sentence of probation or of conditional discharge at any time prior to the expiration or termination of the period of the sentence. Such action may not, however, be taken unless the defendant is personally present, except that […]

410.30 – Declaration of Delinquency.

§ 410.30 Declaration of delinquency. If at any time during the period of a sentence of probation or of conditional discharge the court has reasonable cause to believe that the defendant has violated a condition of the sentence, it may declare the defendant delinquent and file a written declaration of delinquency. When the court receives […]

410.40 – Notice to Appear, Warrant.

§ 410.40 Notice to appear, warrant. 1. Notice to appear. The court may at any time order that a person who is under a sentence of probation or of conditional discharge appear before it. Such order may be in the form of a written notice, specifying the time and place of appearance, mailed to or […]

410.50 – Custody and Supervision of Probationers.

§ 410.50 Custody and supervision of probationers. 1. Custody. A person who is under a sentence of probation is in the legal custody of the court that imposed it pending expiration or termination of the period of the sentence. 2. Supervision. The probation department serving the court that imposed a sentence of probation has the […]

410.60 – Appearance Before Court.

§ 410.60 Appearance before court. A person who has been taken into custody pursuant to section 410.40 or section 410.50 of this article for violation of a condition of a sentence of probation or a sentence of conditional discharge must forthwith be brought before the court that imposed the sentence. Where a violation of probation […]

410.70 – Hearing on Violation.

§ 410.70 Hearing on violation. 1. In general. The court may not revoke a sentence of probation or a sentence of conditional discharge, or extend a period of probation, unless (a) the court has found that the defendant has violated a condition of the sentence and (b) the defendant has had an opportunity to be […]

410.80 – Transfer of Supervision of Probationers.

§ 410.80 Transfer of supervision of probationers. 1. Authority to transfer supervision. Where a probationer at the time of sentencing or an interim probationer at the time of the imposition of the period of interim probation supervision resides in another jurisdiction within the state, the sentencing court shall transfer supervision to the appropriate probation department […]

410.90 – Termination of Sentence.

§ 410.90 Termination of sentence. 1. The court may at any time terminate either a period of probation, other than a period of lifetime probation, for conviction to a crime or a period of conditional discharge for an offense. 2. The court may terminate a period of probation for a person who is subject to […]

410.90-A – Superior Court; Youth Part.

§ 410.90-a Superior court; youth part. Notwithstanding any other provisions of this article, all proceedings relating to a juvenile offender or adolescent offender shall be heard in the youth part of the superior court having jurisdiction and any intrastate transfers under this article shall be between courts designated as a youth part pursuant to article […]

410.91 – Sentence of Parole Supervision.

* § 410.91 Sentence of parole supervision. 1. A sentence of parole supervision is an indeterminate sentence of imprisonment, or a determinate sentence of imprisonment imposed pursuant to paragraphs (b) and (d) of subdivision three of section 70.70 of the penal law, which may be imposed upon an eligible defendant, as defined in subdivision two […]