§ 360.3. Hearing on violation. 1. The court may not revoke an order of
probation or conditional discharge unless: (a) the court has found that
the respondent has violated a condition of such order; and (b) the
respondent has had an opportunity to be heard. The respondent is
entitled to a hearing in accordance with this section promptly after a
petition of violation has been filed.

2. At the time of his first appearance following the filing of a
petition of violation the court must: (a) advise the respondent of the
contents of the petition and furnish him with a copy thereof; (b)
determine whether the respondent should be released or detained pursuant
to section 320.5; and (c) ask the respondent whether he wishes to make
any statement with respect to the violation. If the respondent makes a
statement, the court may accept it and base its decision thereon; the
provisions of subdivision two of section 321.3 shall apply in
determining whether a statement should be accepted. If the court does
not accept such statement or if the respondent does not make a
statement, the court shall proceed with the hearing. Upon request, the
court shall grant a reasonable adjournment to the respondent to enable
him to prepare for the hearing.

3. At such hearing, the court may receive any relevant, competent and
material evidence. The respondent may cross-examine witnesses and may
present evidence on his own behalf.

4. The respondent is entitled to counsel at all stages of a proceeding
under this section and the court shall advise him of such right at the
outset of the proceeding.

5. The presentment agency shall present the petition in all stages of
this part.

6. At the conclusion of the hearing the court may revoke, continue or
modify the order of probation or conditional discharge. If the court
revokes the order, it shall order a different disposition pursuant to
section 352.2 of this article provided, however, that if the court finds
a violation of an order of conditional discharge where the underlying
finding had been for an act solely constituting a violation as defined
in subdivision three of section 10.00 of the penal law, the court may
modify the conditions of the conditional discharge but may not order any
other disposition under section 352.2 of this article. If the court
continues the order of probation or conditional discharge, it shall
dismiss the petition of violation.