N.Y. Criminal Procedure Law § 120.90: Warrant of arrest; procedure after arrest

§ 120.90 Warrant of arrest; procedure after arrest.

1. Upon arresting a defendant for any offense pursuant to a warrant of

arrest in the county in which the warrant is returnable or in any

adjoining county, or upon so arresting him or her for a felony in any

other county, a police officer, if he or she be one to whom the warrant

is addressed, must without unnecessary delay bring the defendant before

the local criminal court or youth part of the superior court in which

such warrant is returnable, provided that, where a local criminal court

or youth part of the superior court in the county in which the warrant

is returnable hereunder is operating an off-hours arraignment part

designated in accordance with paragraph (w) of subdivision one of

section two hundred twelve of the judiciary law at the time of

defendant's return, such police officer may bring the defendant before

such local criminal court or youth part of the superior court.

2. Upon arresting a defendant for any offense pursuant to a warrant

of arrest in a county adjoining the county in which the warrant is

returnable, or upon so arresting him for a felony in any other county, a

police officer, if he be one delegated to execute the warrant pursuant

to section 120.60, must without unnecessary delay deliver the defendant

or cause him to be delivered to the custody of the officer by whom he

was so delegated, and the latter must then proceed as provided in

subdivision one.

3. Upon arresting a defendant for an offense other than a felony

pursuant to a warrant of arrest in a county other than the one in which

the warrant is returnable or one adjoining it, a police officer, if he

be one to whom the warrant is addressed, must inform the defendant that

he has a right to appear before a local criminal court of the county of

arrest for the purpose of being released on his own recognizance or

having bail fixed. If the defendant does not desire to avail himself of

such right, the officer must request him to endorse such fact upon the

warrant, and upon such endorsement the officer must without unnecessary

delay bring him before the court in which the warrant is returnable. If

the defendant does desire to avail himself of such right, or if he

refuses to make the aforementioned endorsement, the officer must without

unnecessary delay bring him before a local criminal court of the county

of arrest. Such court must release the defendant on his own

recognizance or fix bail for his appearance on a specified date in the

court in which the warrant is returnable. If the defendant is in

default of bail, the officer must without unnecessary delay bring him

before the court in which the warrant is returnable.

4. Upon arresting a defendant for an offense other than a felony

pursuant to a warrant of arrest in a county other than the one in which

the warrant is returnable or one adjoining it, a police officer, if he

be one delegated to execute the warrant pursuant to section 120.60, may

hold the defendant in custody in the county of arrest for a period not

exceeding two hours for the purpose of delivering him to the custody of

the officer by whom he was delegated to execute such warrant. If the

delegating officer receives custody of the defendant during such period,

he must proceed as provided in subdivision three. Otherwise, the

delegated officer must inform the defendant that he has a right to

appear before a local criminal court for the purpose of being released

on his own recognizance or having bail fixed. If the defendant does not

desire to avail himself of such right, the officer must request him to

make, sign and deliver to him a written statement of such fact, and if

the defendant does so, the officer must retain custody of him but must

without unnecessary delay deliver him or cause him to be delivered to

the custody of the delegating police officer. If the defendant does

desire to avail himself of such right, or if he refuses to make and

deliver the aforementioned statement, the delegated or arresting officer

must without unnecessary delay bring him before a local criminal court

of the county of arrest and must submit to such court a written

statement reciting the material facts concerning the issuance of the

warrant, the offense involved, and all other essential matters relating

thereto. Upon the submission of such statement, such court must release

the defendant on his own recognizance or fix bail for his appearance on

a specified date in the court in which the warrant is returnable. If

the defendant is in default of bail, the officer must retain custody of

him but must without unnecessary delay deliver him or cause him to be

delivered to the custody of the delegating officer. Upon receiving such

custody, the latter must without unnecessary delay bring the defendant

before the court in which the warrant is returnable.

5. Whenever a police officer is required pursuant to this section to

bring an arrested defendant before a town court in which a warrant of

arrest is returnable, and if such town court is not available at the

time, such officer must, if a copy of the underlying accusatory

instrument has been attached to the warrant pursuant to section 120.40,

instead bring such defendant before any village court embraced, in whole

or in part, by such town, or any local criminal court of an adjoining

town or city of the same county or any village court embraced, in whole

or in part, by such adjoining town. When the court in which the warrant

is returnable is a village court which is not available at the time, the

officer must in such circumstances bring the defendant before the town

court of the town embracing such village or any other village court

within such town or, if such town court or village court is not

available either, before the local criminal court of any town or city of

the same county which adjoins such embracing town or, before the local

criminal court of any village embraced in whole or in part by such

adjoining town. When the court in which the warrant is returnable is a

city court which is not available at the time, the officer must in such

circumstances bring the defendant before the local criminal court of any

adjoining town or village embraced in whole or in part by such adjoining

town of the same county.

5-a. Whenever a police officer is required, pursuant to this section,

to bring an arrested defendant before a youth part of a superior court

in which a warrant of arrest is returnable, and if such court is not in

session, such officer must bring such defendant before the most

accessible magistrate designated by the appellate division of the

supreme court in the applicable department to act as a youth part.

6. Before bringing a defendant arrested pursuant to a warrant before

the local criminal court or youth part of a superior court in which such

warrant is returnable, a police officer must without unnecessary delay

perform all fingerprinting and other preliminary police duties required

in the particular case. In any case in which the defendant is not

brought by a police officer before such court but, following his arrest

in another county for an offense specified in subdivision one of section

160.10, is released by a local criminal court of such other county on

his own recognizance or on bail for his appearance on a specified date

before the local criminal court before which the warrant is returnable,

the latter court must, upon arraignment of the defendant before it,

direct that he be fingerprinted by the appropriate officer or agency,

and that he appear at an appropriate designated time and place for such

purpose.

7. Upon arresting a juvenile offender or adolescent offender, the

police officer shall immediately notify the parent or other person

legally responsible for his care or the person with whom he is

domiciled, that the juvenile offender or adolescent offender has been

arrested, and the location of the facility where he is being detained.

8. Upon arresting a defendant, other than a juvenile offender, for any

offense pursuant to a warrant of arrest, a police officer shall, upon

the defendant's request, permit the defendant to communicate by

telephone provided by the law enforcement facility where the defendant

is held to a phone number located anywhere in the United States or

Puerto Rico, for the purposes of obtaining counsel and informing a

relative or friend that he or she has been arrested, unless granting the

call will compromise an ongoing investigation or the prosecution of the

defendant.