N.Y. CPL Law § 410.40 — New York Code / Act CPL / Part 2 / Title L / Article 410 / Section 410.40
Notice to appear, warrant
Status: in_force

§ 410.40 Notice to appear, warrant.\n  1. Notice to appear. The court may at any time order that a person who\nis under a sentence of probation or of conditional discharge appear\nbefore it. Such order may be in the form of a written notice, specifying\nthe time and place of appearance, mailed to or served personally upon\nthe defendant as the court may direct. In the absence of a warrant\nissued pursuant to subdivision two of this section, where a probation\nofficer has submitted a violation petition and report, the court shall\npromptly consider such petition and, where the court issues a notice to\nappear, the court shall direct that the defendant appear within ten\nbusiness days of the court's order. When the order is in the form of\nsuch a notice, failure to appear as ordered without reasonable cause\ntherefor constitutes a violation of the conditions of the sentence\nirrespective of whether such requirement is specified as a condition\nthereof.\n  2. Warrant. (a) Where the probation officer has requested that a\nprobation warrant be issued, the court shall, within seventy-two hours\nof its receipt of the request, issue or deny the warrant or take any\nother lawful action including issuance of a notice to appear pursuant to\nsubdivision one of this section. If at any time during the period of a\nsentence of probation or of conditional discharge the court has\nreasonable grounds to believe that the defendant has violated a\ncondition of the sentence, the court may issue a warrant to a police\nofficer or to an appropriate peace officer directing him or her to take\nthe defendant into custody and bring the defendant before the court\nwithout unnecessary delay; provided, however, if the court in which the\nwarrant is returnable is a superior court, and such court is not\navailable, and the warrant is addressed to a police officer or\nappropriate probation officer certified as a peace officer, such\nexecuting officer may unless otherwise specified under paragraph (b) of\nthis subdivision, bring the defendant to the local correctional facility\nof the county in which such court sits, to be detained there until not\nlater than the commencement of the next session of such court occurring\non the next business day; or if the court in which the warrant is\nreturnable is a local criminal court, and such court is not available,\nand the warrant is addressed to a police officer or appropriate\nprobation officer certified as a peace officer, such executing officer\nmust without unnecessary delay bring the defendant before an alternate\nlocal criminal court, as provided in subdivision five of section 120.90\nof this chapter. A court which issues such a warrant may attach thereto\na summary of the basis for the warrant. In any case where a defendant\narrested upon the warrant is brought before a local criminal court other\nthan the court in which the warrant is returnable, such local criminal\ncourt shall consider such summary before issuing a securing order with\nrespect to the defendant.\n  (b) If the court in which the warrant is returnable is a superior\ncourt, and such court is not available, and the warrant is addressed to\na police officer or appropriate probation officer certified as a peace\nofficer, such executing officer shall, where a defendant is sixteen\nyears of age or younger who allegedly commits an offense or a violation\nof his or her probation or conditional discharge imposed for an offense\non or after October first, two thousand eighteen, or where a defendant\nis seventeen years of age or younger who allegedly commits an offense or\na violation of his or her probation or conditional discharge imposed for\nan offense on or after October first, two thousand nineteen, bring the\ndefendant without unnecessary delay before the youth part, provided,\nhowever that if the youth part is not in session, the defendant shall be\nbrought before the most accessible magistrate designated by the\nappellate division.\n