2006 New York Code - Petition Of Violation.



 
    § 360.2. Petition of violation. 1. If at any time during the period of
  an order of probation or conditional discharge the probation service has
  reasonable cause to believe that the respondent has violated a condition
  thereof, it may file a petition of violation.
    2.  The  petition  must  be  verified  and subscribed by the probation
  service or  the  appropriate  presentment  agency.  Such  petition  must
  stipulate  the  condition  or  conditions  of  the  order violated and a
  reasonable description of the  time,  place  and  manner  in  which  the
  violation  occurred.  Non-hearsay allegations of the factual part of the
  petition or of any supporting depositions must establish, if true, every
  violation charged.
    3. The court must promptly take reasonable and appropriate  action  to
  cause the respondent to appear before it for the purpose of enabling the
  court  to  make  a  determination with respect to the alleged violation.
  Such action may include the issuance of a summons under section 312.1 or
  the issuance of a warrant under section 312.2.
    4. If a petition  is  filed  under  subdivision  one,  the  period  of
  probation  as prescribed by section 353.2 shall be interrupted as of the
  date of the filing of the petition.  Such  interruption  shall  continue
  until  a  final  determination  as  to the petition has been made by the
  court pursuant to a hearing held in accordance  with  section  360.3  or
  until  such time as the respondent reaches the maximum age of acceptance
  into a division for youth facility.
    5. If the court determines there was no violation of probation by  the
  respondent the period of interruption shall be credited to the period of
  probation.

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