Warrant of arrest; procedure after arrest

§ 120.90 Warrant of arrest; procedure after arrest.\n 1. Upon arresting a defendant for any offense pursuant to a warrant of\narrest in the county in which the warrant is returnable or in any\nadjoining county, or upon so arresting him or her for a felony in any\nother county, a police officer, if he or she be one to whom the warrant\nis addressed, must without unnecessary delay bring the defendant before\nthe local criminal court or youth part of the superior court in which\nsuch warrant is returnable, provided that, where a local criminal court\nor youth part of the superior court in the county in which the warrant\nis returnable hereunder is operating an off-hours arraignment part\ndesignated in accordance with paragraph (w) of subdivision one of\nsection two hundred twelve of the judiciary law at the time of\ndefendant's return, such police officer may bring the defendant before\nsuch local criminal court or youth part of the superior court.\n 2. Upon arresting a defendant for any offense pursuant to a warrant\nof arrest in a county adjoining the county in which the warrant is\nreturnable, or upon so arresting him for a felony in any other county, a\npolice officer, if he be one delegated to execute the warrant pursuant\nto section 120.60, must without unnecessary delay deliver the defendant\nor cause him to be delivered to the custody of the officer by whom he\nwas so delegated, and the latter must then proceed as provided in\nsubdivision one.\n 3. Upon arresting a defendant for an offense other than a felony\npursuant to a warrant of arrest in a county other than the one in which\nthe warrant is returnable or one adjoining it, a police officer, if he\nbe one to whom the warrant is addressed, must inform the defendant that\nhe has a right to appear before a local criminal court of the county of\narrest for the purpose of being released on his own recognizance or\nhaving bail fixed. If the defendant does not desire to avail himself of\nsuch right, the officer must request him to endorse such fact upon the\nwarrant, and upon such endorsement the officer must without unnecessary\ndelay bring him before the court in which the warrant is returnable. If\nthe defendant does desire to avail himself of such right, or if he\nrefuses to make the aforementioned endorsement, the officer must without\nunnecessary delay bring him before a local criminal court of the county\nof arrest. Such court must release the defendant on his own\nrecognizance or fix bail for his appearance on a specified date in the\ncourt in which the warrant is returnable. If the defendant is in\ndefault of bail, the officer must without unnecessary delay bring him\nbefore the court in which the warrant is returnable.\n 4. Upon arresting a defendant for an offense other than a felony\npursuant to a warrant of arrest in a county other than the one in which\nthe warrant is returnable or one adjoining it, a police officer, if he\nbe one delegated to execute the warrant pursuant to section 120.60, may\nhold the defendant in custody in the county of arrest for a period not\nexceeding two hours for the purpose of delivering him to the custody of\nthe officer by whom he was delegated to execute such warrant. If the\ndelegating officer receives custody of the defendant during such period,\nhe must proceed as provided in subdivision three. Otherwise, the\ndelegated officer must inform the defendant that he has a right to\nappear before a local criminal court for the purpose of being released\non his own recognizance or having bail fixed. If the defendant does not\ndesire to avail himself of such right, the officer must request him to\nmake, sign and deliver to him a written statement of such fact, and if\nthe defendant does so, the officer must retain custody of him but must\nwithout unnecessary delay deliver him or cause him to be delivered to\nthe custody of the delegating police officer. If the defendant does\ndesire to avail himself of such right, or if he refuses to make and\ndeliver the aforementioned statement, the delegated or arresting officer\nmust without unnecessary delay bring him before a local criminal court\nof the county of arrest and must submit to such court a written\nstatement reciting the material facts concerning the issuance of the\nwarrant, the offense involved, and all other essential matters relating\nthereto. Upon the submission of such statement, such court must release\nthe defendant on his own recognizance or fix bail for his appearance on\na specified date in the court in which the warrant is returnable. If\nthe defendant is in default of bail, the officer must retain custody of\nhim but must without unnecessary delay deliver him or cause him to be\ndelivered to the custody of the delegating officer. Upon receiving such\ncustody, the latter must without unnecessary delay bring the defendant\nbefore the court in which the warrant is returnable.\n 5. Whenever a police officer is required pursuant to this section to\nbring an arrested defendant before a town court in which a warrant of\narrest is returnable, and if such town court is not available at the\ntime, such officer must, if a copy of the underlying accusatory\ninstrument has been attached to the warrant pursuant to section 120.40,\ninstead bring such defendant before any village court embraced, in whole\nor in part, by such town, or any local criminal court of an adjoining\ntown or city of the same county or any village court embraced, in whole\nor in part, by such adjoining town. When the court in which the warrant\nis returnable is a village court which is not available at the time, the\nofficer must in such circumstances bring the defendant before the town\ncourt of the town embracing such village or any other village court\nwithin such town or, if such town court or village court is not\navailable either, before the local criminal court of any town or city of\nthe same county which adjoins such embracing town or, before the local\ncriminal court of any village embraced in whole or in part by such\nadjoining town. When the court in which the warrant is returnable is a\ncity court which is not available at the time, the officer must in such\ncircumstances bring the defendant before the local criminal court of any\nadjoining town or village embraced in whole or in part by such adjoining\ntown of the same county.\n 5-a. Whenever a police officer is required, pursuant to this section,\nto bring an arrested defendant before a youth part of a superior court\nin which a warrant of arrest is returnable, and if such court is not in\nsession, such officer must bring such defendant before the most\naccessible magistrate designated by the appellate division of the\nsupreme court in the applicable department to act as a youth part.\n 6. Before bringing a defendant arrested pursuant to a warrant before\nthe local criminal court or youth part of a superior court in which such\nwarrant is returnable, a police officer must without unnecessary delay\nperform all fingerprinting and other preliminary police duties required\nin the particular case. In any case in which the defendant is not\nbrought by a police officer before such court but, following his arrest\nin another county for an offense specified in subdivision one of section\n160.10, is released by a local criminal court of such other county on\nhis own recognizance or on bail for his appearance on a specified date\nbefore the local criminal court before which the warrant is returnable,\nthe latter court must, upon arraignment of the defendant before it,\ndirect that he be fingerprinted by the appropriate officer or agency,\nand that he appear at an appropriate designated time and place for such\npurpose.\n 7. Upon arresting a juvenile offender or adolescent offender, the\npolice officer shall immediately notify the parent or other person\nlegally responsible for his care or the person with whom he is\ndomiciled, that the juvenile offender or adolescent offender has been\narrested, and the location of the facility where he is being detained.\n 8. Upon arresting a defendant, other than a juvenile offender, for any\noffense pursuant to a warrant of arrest, a police officer shall, upon\nthe defendant's request, permit the defendant to communicate by\ntelephone provided by the law enforcement facility where the defendant\nis held to a phone number located anywhere in the United States or\nPuerto Rico, for the purposes of obtaining counsel and informing a\nrelative or friend that he or she has been arrested, unless granting the\ncall will compromise an ongoing investigation or the prosecution of the\ndefendant.\n