1. The Laws of New York
  2. Consolidated Laws
  3. Criminal Procedure
  4. Part 2: The Principal Proceedings
  5. Title L: Sentence
  6. Article 410: * Sentences of Probation, Conditional Discharge and Parole Supervision * Nb Effective Until September 1, 2020 * Sentences of Probation and of Conditional Discharge * Nb Effective September 1, 2020

Section 410.30 Declaration of delinquency

Criminal Procedure (CPL)

  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 a request for a declaration of delinquency by a probation officer, it shall make a decision on such request within seventy-two hours of its receipt of the request. Upon filing a written declaration of delinquency, the court must promptly take reasonable and appropriate action to cause the defendant to appear before it for the purpose of enabling the court to make a final determination with respect to the alleged delinquency in accordance with section 410.70 of this article.