N.Y. Criminal Procedure Law § 120.20: Warrant of arrest; when issuable

§ 120.20 Warrant of arrest; when issuable.

1. When a criminal action has been commenced in a local criminal court

or youth part of the superior court by the filing therewith of an

accusatory instrument, other than a simplified traffic information,

against a defendant who has not been arraigned upon such accusatory

instrument and has not come under the control of the court with respect

thereto:

(a) such court may, if such accusatory instrument is sufficient on its

face, issue a warrant for such defendant's arrest; or

(b) if such accusatory instrument is not sufficient on its face as

prescribed in section 100.40, and if the court is satisfied that on the

basis of the available facts or evidence it would be impossible to draw

and file an accusatory instrument that is sufficient on its face, the

court must dismiss the accusatory instrument.

2. Even though such accusatory instrument is sufficient on its face,

the court may refuse to issue a warrant of arrest based thereon until it

has further satisfied itself, by inquiry or examination of witnesses,

that there is reasonable cause to believe that the defendant committed

an offense charged. Upon such inquiry or examination, the court may

examine, under oath or otherwise, any available person whom it believes

may possess knowledge concerning the subject matter of the charge.

3. Notwithstanding the provisions of subdivision one, if a summons may

be issued in lieu of a warrant of arrest pursuant to section 130.20, and

if the court is satisfied that the defendant will respond thereto, it

may not issue a warrant of arrest. Upon the request of the district

attorney, in lieu of a warrant of arrest or summons, the court may

instead authorize the district attorney to direct the defendant to

appear for arraignment on a designated date if it is satisfied that the

defendant will so appear.