Section 410.20. Modification or enlargement of conditions  


Latest version.
  • 1.    The  court may modify or enlarge the conditions of a sentence of
      probation  or  of  conditional  discharge  at  any  time  prior  to  the
      expiration  or  termination  of the period of the sentence.  Such action
      may not, however, be taken unless the defendant is  personally  present,
      except  that  the  defendant  need  not  be  present if the modification
      consists solely  of  the  elimination  or  relaxation  of  one  or  more
      conditions.    Whenever  the  defendant  has not been present, the court
      shall notify the  defendant  in  writing  within  twenty  days  of  such
      modification  specifying  the nature of the elimination or relaxation of
      such condition or conditions and the effective date thereof.     In  any
      such  case  the modification or enlargement may be specified in the same
      manner as the conditions originally imposed  and  becomes  part  of  the
      sentence.
        2.   The procedure set forth in this section applies to the imposition
      of an additional  period  of  conditional  discharge  as  authorized  by
      subdivision three of section 65.05 of the penal law.