Termination of sentence

Criminal Procedure

Section: 410.90

Jurisdiction: NY

Bluebook Citation: N.Y. Crim. Proc. Law § 410.90

§ 410.90 Termination of sentence.\n 1. The court may at any time terminate either a period of probation,\nother than a period of lifetime probation, for conviction to a crime or\na period of conditional discharge for an offense.\n 2. The court may terminate a period of probation for a person who is\nsubject to lifetime probation and who has been on unrevoked probation\nfor at least five consecutive years.\n 3. (a) The court shall grant a request for termination of a sentence\nof probation under this section when, having regard to the conduct and\ncondition of the probationer, the court is of the opinion that:\n (i) the probationer is no longer in need of such guidance, training or\nother assistance which would otherwise be administered through probation\nsupervision;\n (ii) the probationer has diligently complied with the terms and\nconditions of the sentence of probation; and\n (iii) the termination of the sentence of probation is not adverse to\nthe protection of the public.\n No such termination shall be granted unless the court is satisfied\nthat the probationer, who is otherwise financially able to comply with\nan order of restitution or reparation, has made a good faith effort to\ncomply therewith.\n (b) The court shall grant a request for termination of a sentence of\nconditional discharge under this section when, having regard to the\nconduct and condition of the defendant, the court is of the opinion\nthat:\n (i) the defendant has diligently complied with the terms and\nconditions of the sentence of conditional discharge; and\n (ii) termination of the sentence of conditional discharge is not\nadverse to protection of the public.\n

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