New York Consolidated Laws

N.Y. Criminal Procedure Law § 410.30 (2026)

Declaration of delinquency

✓ current as of May 2026

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§ 410.30 Declaration of delinquency.
  If at any time during the period of a sentence of probation or of
conditional discharge the court has reasonable cause to believe that the
defendant has violated a condition of the sentence, it may declare the
defendant delinquent and file a written declaration of delinquency. When
the court receives a request for a declaration of delinquency by a
probation officer, it shall make a decision on such request within
seventy-two hours of its receipt of the request. Upon filing a written
declaration of delinquency, the court must promptly take reasonable and
appropriate action to cause the defendant to appear before it for the
purpose of enabling the court to make a final determination with respect
to the alleged delinquency in accordance with section 410.70 of this
article.

Notes of Decisions

Cited in 2 cases, 2005–2005 · leading case: In re Hill, 9 Misc. 3d 729 (2005).

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In re Hill, 9 Misc. 3d 729 (2005). · cites it 4× “These procedures are mandated by Criminal Procedure Law §§ 410.30, 410.40 and 410.”

People v. Mason, 10 Misc. 3d 859 (2005). “*861 As no procedure beyond the brief reference set forth above is statutorily established for the hearing to be held in determining whether to revoke a certificate for the relief of disabilities, this court will utilize the procedures, set forth in' Criminal Procedure Law §§…”

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