Arraignment upon information, simplified traffic information, prosecutor's information or misdemeanor complaint; defendant's presence, de...

§ 170.10 Arraignment upon information, simplified traffic information,\n prosecutor's information or misdemeanor complaint;\n defendant's presence, defendant's rights, court's\n instructions and bail matters.\n 1. Following the filing with a local criminal court of an information,\na simplified information, a prosecutor's information or a misdemeanor\ncomplaint, the defendant must be arraigned thereon. The defendant must\nappear personally at such arraignment except under the following\ncircumstances:\n (a) In any case where a simplified information is filed and a\nprocedure is provided by law which is applicable to all offenses charged\nin such simplified information and, if followed, would dispense with an\narraignment or personal appearance of the defendant, nothing contained\nin this section affects the validity of such procedure or requires such\npersonal appearance;\n (b) In any case in which the defendant's appearance is required by a\nsummons or an appearance ticket, the court in its discretion may, for\ngood cause shown, permit the defendant to appear by counsel instead of\nin person.\n 2. Upon any arraignment at which the defendant is personally present,\nthe court must immediately inform him, or cause him to be informed in\nits presence, of the charge or charges against him and must furnish him\nwith a copy of the accusatory instrument.\n 3. The defendant has the right to the aid of counsel at the\narraignment and at every subsequent stage of the action. If he appears\nupon such arraignment without counsel, he has the following rights:\n (a) To an adjournment for the purpose of obtaining counsel; and\n (b) To communicate, free of charge, by letter or by telephone provided\nby the law enforcement facility where the defendant is held to a phone\nnumber located in the United States, or Puerto Rico, for the purposes of\nobtaining counsel and informing a relative or friend that he or she has\nbeen charged with an offense; and\n (c) To have counsel assigned by the court if he is financially unable\nto obtain the same; except that this paragraph does not apply where the\naccusatory instrument charges a traffic infraction or infractions only.\n 4. Except as provided in subdivision five, the court must inform the\ndefendant:\n (a) Of his rights as prescribed in subdivision three; and the court\nmust not only accord him opportunity to exercise such rights but must\nitself take such affirmative action as is necessary to effectuate them;\nand\n (b) Where a traffic infraction or a misdemeanor relating to traffic is\ncharged, that a judgment of conviction for such offense would in\naddition to subjecting the defendant to the sentence provided therefor\nrender his license to drive a motor vehicle and his certificate of\nregistration subject to suspension and revocation as prescribed by law\nand that a plea of guilty to such offense constitutes a conviction\nthereof to the same extent as a verdict of guilty after trial; and\n (c) Where the accusatory instrument is a simplified traffic\ninformation, that the defendant has a right to have a supporting\ndeposition filed, as provided in section 100.25; and\n (d) Where the accusatory instrument is a misdemeanor complaint, that\nthe defendant may not be prosecuted thereon or required to enter a plea\nthereto unless he consents to the same, and that in the absence of such\nconsent such misdemeanor complaint will for prosecution purposes have to\nbe replaced and superseded by an information; and\n (e) Where an information, a simplified information, a prosecutor's\ninformation, a misdemeanor complaint, a felony complaint or an\nindictment charges harassment in the second degree, as defined in\nsection 240.26 of the penal law, if there is a judgment of conviction\nfor such offense and such offense is determined to have been committed\nagainst a member of the same family or household as the defendant, as\ndefined in subdivision one of section 530.11 of this chapter, the record\nof such conviction shall be accessible for law enforcement purposes and\nnot sealed, as specified in paragraph (a) and subparagraph (vi) of\nparagraph (d) of subdivision one of section 160.55 of this title; and\n 5. In any case in which a defendant has appeared for arraignment in\nresponse to a summons or an appearance ticket, a printed statement upon\nsuch process of any court instruction required by the provisions of\nsubdivision four, other than those specified in paragraphs (d) and (e)\nthereof, constitutes compliance with such provisions with respect to the\ninstruction so printed.\n 6. If a defendant charged with a traffic infraction or infractions\nonly desires to proceed without the aid of counsel, the court must\npermit him to do so. In all other cases, the court must permit the\ndefendant to proceed without the aid of counsel if it is satisfied that\nhe made such decision with knowledge of the significance thereof, but if\nit is not so satisfied it may not proceed until the defendant is\nprovided with counsel, either of his own choosing or by assignment.\nRegardless of the kind or nature of the charges, a defendant who\nproceeds at the arraignment without counsel does not waive his right to\ncounsel, and the court must inform him that he continues to have such\nright as well as all the rights specified in subdivision three which are\nnecessary to effectuate it, and that he may exercise such rights at any\nstage of the action.\n 7. Upon the arraignment, the court, unless it intends to make a final\ndisposition of the action immediately thereafter, must, as provided in\nsubdivision one of section 530.20, issue a securing order either\nreleasing the defendant on his own recognizance or fixing bail for his\nfuture appearance in the action; except that where a defendant appears\nby counsel pursuant to paragraph (b) of subdivision one of this section,\nthe court must release the defendant on his own recognizance.\n 8. Notwithstanding any other provision of law to the contrary, a local\ncriminal court may not, at arraignment or within thirty days of\narraignment on a simplified traffic information charging a violation of\nsubdivision two, two-a, three, four or four-a of section eleven hundred\nninety-two of the vehicle and traffic law and upon which a notation has\nbeen made pursuant to subdivision twelve of section eleven hundred\nninety-two of the vehicle and traffic law, accept a plea of guilty to a\nviolation of any subdivision of section eleven hundred ninety-two of the\nvehicle and traffic law, nor to any other traffic infraction arising out\nof the same incident, nor to any other traffic infraction, violation or\nmisdemeanor where the court is aware that such offense was charged\npursuant to an accident involving death or serious physical injury,\nexcept upon written consent of the district attorney.\n 8-a. (a) Where an information, a simplified information, a\nprosecutor's information, a misdemeanor complaint, a felony complaint or\nan indictment charges harassment in the second degree as defined in\nsection 240.26 of the penal law, the people may serve upon the defendant\nand file with the court a notice alleging that such offense was\ncommitted against a member of the same family or household as the\ndefendant, as defined in subdivision one of section 530.11 of this\nchapter. Such notice must be served within fifteen days after\narraignment on an information, a simplified information, a prosecutor's\ninformation, a misdemeanor complaint, a felony complaint or an\nindictment for such charge and before trial. Such notice must include\nthe name of the person alleged to be a member of the same family or\nhousehold as the defendant and specify the specific family or household\nrelationship as defined in subdivision one of section 530.11 of this\nchapter.\n (b) If a defendant, charged with harassment in the second degree as\ndefined in section 240.26 of the penal law stipulates, or admits in the\ncourse of a plea disposition, that the person against whom the charged\noffense is alleged to have been committed is a member of the same family\nor household as the defendant, as defined in subdivision one of section\n530.11 of this chapter, such allegation shall be deemed established for\npurposes of paragraph (a) and subparagraph (vi) of paragraph (d) of\nsubdivision one of section 160.55 of this title. If the defendant denies\nsuch allegation, the people may, by proof beyond a reasonable doubt,\nprove as part of their case that the alleged victim of such offense was\na member of the same family or household as the defendant. In such\ncircumstances, the trier of fact shall make its determination with\nrespect to such allegation orally on the record or in writing.\n 9. Nothing contained in this section applies to the arraignment of\ncorporate defendants, which is governed generally by the provisions of\narticle six hundred.\n 10. Notwithstanding any contrary provision of this section, when an\noff-hours arraignment part designated in accordance with paragraph (w)\nof subdivision one of section two hundred twelve of the judiciary law is\nin operation in the county in which the court is located, the court must\nadjourn the proceedings before it, and direct that the proceedings be\ncontinued in such off-hours part when the defendant has appeared before\nthe court without counsel and no counsel is otherwise available at the\ntime of such appearance to aid the defendant, unless the defendant\ndesires to proceed without the aid of counsel and the court is\nsatisfied, pursuant to subdivision six of this section, that the\ndefendant made such decision with knowledge of the significance thereof.\n