Section 410.70. Hearing on violation

1.  In  general. The court may not revoke a sentence of probation or a
  sentence of conditional discharge unless (a) the court  has  found  that
  the  defendant  has  violated  a  condition  of the sentence and (b) the
  defendant has had an opportunity to be heard. The defendant is  entitled
  to  a  hearing  in accordance with this section promptly after the court
  has filed a declaration of delinquency or has committed him or has fixed
  bail pursuant to this article.
    * 2. Statement; preliminary examination. The court must file or  cause
  to  be  filed  with the clerk of the court a statement setting forth the
  condition or conditions  of  the  sentence  violated  and  a  reasonable
  description  of  the  time,  place  and  manner  in  which the violation
  occurred. The defendant must appear before the court and the court  must
  advise  him of the contents of the statement and furnish him with a copy
  thereof. At the time of such appearance the court must ask the defendant
  whether he wishes to make any statement with respect to  the  violation.
  If the defendant makes a statement, the court may accept it and base its
  decision  thereon.  If the court does not accept it, or if the defendant
  does not make a statement, the court  must  proceed  with  the  hearing.
  Provided,  however, that upon request, the court must grant a reasonable
  adjournment to the defendant to enable him to prepare for the hearing.
    * NB Effective until November 1, 2009
    * 2. Statement; preliminary examination. The court must file or  cause
  to  be  filed  with the clerk of the court a statement setting forth the
  condition or conditions  of  the  sentence  violated  and  a  reasonable
  description  of  the  time,  place  and  manner  in  which the violation
  occurred. The defendant must appear before the court within ten business
  days of the court's issuance of the notice to appear and the court  must
  advise  him of the contents of the statement and furnish him with a copy
  thereof. At the time of such appearance the court must ask the defendant
  whether he wishes to make any statement with respect to  the  violation.
  If the defendant makes a statement, the court may accept it and base its
  decision  thereon.  If the court does not accept it, or if the defendant
  does not make a statement, the court  must  proceed  with  the  hearing.
  Provided,  however, that upon request, the court must grant a reasonable
  adjournment to the defendant to enable him to prepare for the hearing.
    * NB Effective November 1, 2009
    3. Manner of conducting hearing. The hearing must be a summary one  by
  the court without a jury and the court may receive any relevant evidence
  not  legally  privileged.  The defendant may cross-examine witnesses and
  may present evidence on his own behalf. A finding that the defendant has
  violated a condition of his sentence must be based upon a  preponderance
  of the evidence.
    4.  Counsel. The defendant is entitled to counsel at all stages of any
  proceeding under this section and the court  must  advise  him  of  such
  right at the outset of the proceeding.
    5.  Revocation;  modification;  continuation. At the conclusion of the
  hearing the court  may  revoke,  continue  or  modify  the  sentence  of
  probation   or  conditional  discharge.  Where  the  court  revokes  the
  sentence, it must impose sentence as specified in subdivisions three and
  four of section 60.01 of the penal law. Where  the  court  continues  or
  modifies the sentence, it must vacate the declaration of delinquency and
  direct  that  the  defendant  be  released.  If the alleged violation is
  sustained and the court continues  or  modifies  the  sentence,  it  may
  extend  the  sentence  up  to  the  period  of interruption specified in
  subdivision two of section 65.15 of the penal law, but any time spent in
  custody in any correctional institution pursuant to  section  410.60  of
  this article shall be credited against the term of the sentence.