New York Consolidated Laws

N.Y. Criminal Procedure Law § 410.20 (2026)

Modification or enlargement of conditions

✓ current as of May 2026
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§ 410.20  Modification or enlargement of conditions.
  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.
Notes of Decisions
Cited in 1 case, 2010–2010 · leading case: People v. Mitchell, 931 N.E.2d 84 (NY 2010).
People v. Mitchell, 931 N.E.2d 84 (NY 2010). “The sentencing court may retain the powers enumerated in Criminal Procedure Law §§ 410.20 (Modification or Enlargement of Conditions), 410.”
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