N.Y. Criminal Procedure Law § 410.40: Notice to appear, warrant

§ 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.