2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 410 - Sentences of Probation, Conditional Discharge and Parole Supervision › 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  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.