N.Y. Family Court Act § 360.3: Hearing on violation

§ 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.