N.Y. PEN Law § 85.05

§ 85.05 Modification and revocation of sentences of intermittent\n imprisonment.\n 1. Authorization. A sentence of intermittent imprisonment may be\nmodified by the court in its discretion upon application of the\ndefendant; and the court on its own motion may modify or revoke any such\nsentence if:\n (a) the court is satisfied during the term of the sentence that the\ndefendant has committed another offense during such term;\n (b) the defendant has failed to report to the institution to which he\nhas been committed, or to the institution designated by the head of the\nagency to which he has been committed, on a day or dates specified in\nthe commitment and is unable or unwilling to furnish a reasonable and\nacceptable explanation for such failure; or\n (c) the defendant has violated a rule or regulation of the institution\nor agency to which he has been committed and the head of such\ninstitution or agency or someone delegated by him has reported such\nviolation in writing to the court.\n 2. Interruption of sentence. In any case where the defendant fails to\nreport to the institution or to an institution of the agency to which he\nhas been committed, the term of the sentence shall be interrupted and\nsuch interruption shall continue until the defendant either reports to\nsuch institution or appears before the court that imposed the sentence,\nwhichever occurs first. If the defendant reports to the institution\nbefore he appears before the court, he shall be brought before the\ncourt.\n 3. Action by court. The court shall not modify or revoke a sentence of\nintermittent imprisonment unless the defendant has been afforded an\nopportunity to be heard. Any modification of a sentence of intermittent\nimprisonment:\n (a) may provide (i) for different or additional or fewer days or parts\nof days on which the defendant is to be confined, or (ii) where the\ndefendant has failed to report as specified in the sentence, an\nextension of the term of the sentence for the period during which it was\ninterrupted, or (iii) for both; and\n (b) shall be by written order of the court and shall be delivered and\nfiled in the same manner as the original sentence, as specified in\nsubdivision two of section 85.10 of this article.\n 4. Jail time. Where a sentence of intermittent imprisonment is revoked\nand a sentence of imprisonment is imposed in its place for the same\noffense, time spent in confinement under the sentence of intermittent\nimprisonment shall be calculated as jail time under subdivision three of\nsection 70.30 of this chapter and shall be added to any jail time\naccrued against such sentence prior to imposition thereof.\n