New York Laws
Article 410 - Sentences of Probation, Conditional Discharge and Parole Supervision
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 heard pursuant to this section. The defendant is entitled to a
hearing in accordance with this section promptly after the court has
filed a declaration of delinquency or has committed him or has fixed
bail pursuant to this article.

2. Statement; preliminary examination. The court must file or cause to
be filed with the clerk of the court a statement setting forth the
condition or conditions of the sentence violated and a reasonable
description of the time, place and manner in which the violation
occurred. The defendant must appear before the court within ten business
days of the court's issuance of the notice to appear and the court must
advise him of the contents of the statement and furnish him with a copy
thereof. At the time of such appearance the court must ask the defendant
whether he wishes to make any statement with respect to the violation.
If the defendant makes a statement, the court may accept it and base its
decision thereon. If the court does not accept it, or if the defendant
does not make a statement, the court must proceed with the hearing.
Provided, however, that upon request, the court must grant a reasonable
adjournment to the defendant to enable him to prepare for the hearing.

3. Manner of conducting hearing. The hearing must be a summary one by
the court without a jury and the court may receive any relevant evidence
not legally privileged. The defendant may cross-examine witnesses and
may present evidence on his own behalf. A finding that the defendant has
violated a condition of his sentence must be based upon a preponderance
of the evidence.

4. Counsel. The defendant is entitled to counsel at all stages of any
proceeding under this section and the court must advise him of such
right at the outset of the proceeding.

5. Revocation; modification; continuation. At the conclusion of the
hearing the court may revoke, continue or modify the sentence of
probation or conditional discharge. Where the court revokes the
sentence, it must impose sentence as specified in subdivisions three and
four of section 60.01 of the penal law. Where the court continues or
modifies the sentence, it must vacate the declaration of delinquency and
direct that the defendant be released. If the alleged violation is
sustained and the court continues or modifies the sentence, it may
extend the sentence up to the period of interruption specified in
subdivision two of section 65.15 of the penal law, but any time spent in
custody in any correctional institution pursuant to section 410.60 of
this article shall be credited against the term of the sentence.
Provided further, where the alleged violation is sustained and the court
continues or modifies the sentence, the court may also extend the
remaining period of probation up to the maximum term authorized by
section 65.00 of the penal law. Provided, however, a defendant shall
receive credit for the time during which he or she was supervised under
the original probation sentence prior to any declaration of delinquency
and for any time spent in custody pursuant to this article for an
alleged violation of probation.