New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle D - Forms
Chapter VI - Forms For Use In Courts Exercising Criminal Jurisdiction
Form 12 - Order to appear at violation of probation hearing

Sec. 410.40 C.P.L. FORM 12

(Order to Appear at

Violation of

Probation Hearing)

1/87

NOTICE TO DEFENDANT

YOUR FAILURE TO APPEAR AT THE TIME AND PLACE SPECIFIED BELOW WITHOUT REASONABLE CAUSE THEREFOR WILL CONSTITUTE A VIOLATION OF THE CONDITIONS OF YOUR SENTENCE AND MAY RESULT IN THE ISSUANCE OF A WARRANT FOR YOUR ARREST. YOU HAVE A RIGHT TO BE PRESENT AT ANY HEARING TO DETERMINE WHETHER A VIOLATION OF PROBATION HAS OCCURRED. IF YOU INTENTIONALLY ABSENT YOURSELF FROM THE COURT'S JURISDICTION OR INTENTIONALLY FAIL TO APPEAR AT A VIOLATION OF PROBATION HEARING, A HEARING MAY BE HELD IN YOUR ABSENCE AND A REVOCATION OF YOUR PROBATION MAY RESULT.

________ COURT OF ________

COUNTY OF ________

________ x

PEOPLE OF THE STATE OF NEW YORK,

- against - Indictment/Docket

No. ________

________, ORDER TO APPEAR AT

Defendant. VIOLATION OF PROBATION

HEARING

________ x

TO THE ABOVE-NAMED DEFENDANT:

PLEASE TAKE NOTICE that this Court, having reasonable cause to believe that you violated a condition of the sentence imposed on you on ________, 19________, and having filed a written Declaration of Delinquency on ________, 19 ________, it is hereby

ORDERED that you appear before this Court in (Part) (Room)[FN1]________, located at ________, on ________, 19________, at 9:30 a.m., for the purpose of enabling this Court to make a final determination with respect to the alleged delinquency.

You are entitled to counsel at all stages of any proceeding herein. You have the right to bring witnesses and present evidence on your behalf and to cross-examine witnesses. You may request a reasonable adjournment to prepare for your hearing.

E N T E R

Dated: ________, 19________

________, New York

______________

Judge (Justice)

[FN1] Strike words in parentheses, as appropriate.