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This entry was published on 2021-10-15
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SECTION 410.90
Termination of sentence
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE L, ARTICLE 410
§ 410.90 Termination of sentence.

1. The court may at any time terminate either a period of probation,
other than a period of lifetime probation, for conviction to a crime or
a period of conditional discharge for an offense.

2. The court may terminate a period of probation for a person who is
subject to lifetime probation and who has been on unrevoked probation
for at least five consecutive years.

3. (a) The court shall grant a request for termination of a sentence
of probation under this section when, having regard to the conduct and
condition of the probationer, the court is of the opinion that:

(i) the probationer is no longer in need of such guidance, training or
other assistance which would otherwise be administered through probation
supervision;

(ii) the probationer has diligently complied with the terms and
conditions of the sentence of probation; and

(iii) the termination of the sentence of probation is not adverse to
the protection of the public.

No such termination shall be granted unless the court is satisfied
that the probationer, who is otherwise financially able to comply with
an order of restitution or reparation, has made a good faith effort to
comply therewith.

(b) The court shall grant a request for termination of a sentence of
conditional discharge under this section when, having regard to the
conduct and condition of the defendant, the court is of the opinion
that:

(i) the defendant has diligently complied with the terms and
conditions of the sentence of conditional discharge; and

(ii) termination of the sentence of conditional discharge is not
adverse to protection of the public.