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 › 410.40 - 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  served  personally  upon
the  defendant  as  the  court  may  direct. In the absence of a warrant
issued pursuant to subdivision two of this section,  where  a  probation
officer  has  submitted a violation petition and report, the court shall
promptly consider such petition and, where the court issues a notice  to
appear,  the  court  shall  direct  that the defendant appear within ten
business days of the court's order. When the order is  in  the  form  of
such  a  notice,  failure  to appear as ordered without reasonable cause
therefor constitutes a violation  of  the  conditions  of  the  sentence
irrespective  of  whether  such  requirement is specified as a condition
thereof.
2. Warrant. (a) Where the  probation  officer  has  requested  that  a
probation  warrant  be issued, the court shall, within seventy-two hours
of its receipt of the request, issue or deny the  warrant  or  take  any
other lawful action including issuance of a notice to appear pursuant to
subdivision  one  of this section. If at any time during the period of a
sentence  of  probation  or  of  conditional  discharge  the  court  has
reasonable  grounds  to  believe  that  the  defendant  has  violated  a
condition of the sentence, the court may issue a  warrant  to  a  police
officer  or to an appropriate peace officer directing him or her to take
the defendant into custody and bring  the  defendant  before  the  court
without  unnecessary delay; provided, however, if the court in which the
warrant is returnable is  a  superior  court,  and  such  court  is  not
available,  and  the  warrant  is  addressed  to  a  police  officer  or
appropriate  probation  officer  certified  as  a  peace  officer,  such
executing  officer may unless otherwise specified under paragraph (b) of
this subdivision, bring the defendant to the local correctional facility
of the county in which such court sits, to be detained there  until  not
later  than the commencement of the next session of such court occurring
on the next business day; or if  the  court  in  which  the  warrant  is
returnable  is  a local criminal court, and such court is not available,
and the  warrant  is  addressed  to  a  police  officer  or  appropriate
probation  officer  certified as a peace officer, such executing officer
must without unnecessary delay bring the defendant before  an  alternate
local  criminal court, as provided in subdivision five of section 120.90
of this chapter. A court which issues such a warrant may attach  thereto
a  summary  of  the basis for the warrant. In any case where a defendant
arrested upon the warrant is brought before a local criminal court other
than the court in which the warrant is returnable, such  local  criminal
court  shall  consider such summary before issuing a securing order with
respect to the defendant.
(b) If the court in which the warrant  is  returnable  is  a  superior
court,  and such court is not available, and the warrant is addressed to
a police officer or appropriate probation officer certified as  a  peace
officer,  such  executing  officer  shall,  where a defendant is sixteen
years of age or younger who allegedly commits an offense or a  violation
of  his or her probation or conditional discharge imposed for an offense
on or after October first, two thousand eighteen, or where  a  defendant
is seventeen years of age or younger who allegedly commits an offense or
a violation of his or her probation or conditional discharge imposed for
an  offense  on or after October first, two thousand nineteen, bring the
defendant without unnecessary delay before  the  youth  part,  provided,
however that if the youth part is not in session, the defendant shall be

brought   before  the  most  accessible  magistrate  designated  by  the
appellate division.