§ 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.