N.Y. Criminal Procedure Law § 210.15: Arraignment upon indictment; defendant's rights, court's instructions and bail matters

§ 210.15 Arraignment upon indictment; defendant's rights, court's

instructions and bail matters.

1. Upon the defendant's arraignment before a superior court upon an

indictment, the court must immediately inform him, or cause him to be

informed in its presence, of the charge or charges against him, and the

district attorney must cause him to be furnished with a copy of the

indictment.

2. The defendant has a right to the aid of counsel at the arraignment

and at every subsequent stage of the action, and, if he appears upon

such arraignment without counsel, has the following rights:

(a) To an adjournment for the purpose of obtaining counsel; and

(b) To communicate, free of charge, by letter or by telephone provided

by the law enforcement facility where the defendant is held to a phone

number located 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 charged with an offense; and

(c) To have counsel assigned by the court in any case where he is

financially unable to obtain the same.

3. The court must inform the defendant of all rights specified in

subdivision two. The court must accord the defendant opportunity to

exercise such rights and must itself take such affirmative action as is

necessary to effectuate them.

5. If the defendant desires to proceed without the aid of counsel, the

court must permit him to do so if it is satisfied that he made such

decision with knowledge of the significance thereof, but if it is not so

satisfied it may not proceed until the defendant is provided with

counsel, either of his own choosing or by assignment. A defendant who

proceeds at the arraignment without counsel does not waive his right to

counsel, and the court must inform him that he continues to have such

right as well as all the rights specified in subdivision two which are

necessary to effectuate it, and that he may exercise such rights at any

stage of the action.

6. Upon the arraignment, the court, unless it intends to make a final

disposition of the action immediately thereafter, must, as provided in

section 530.40, issue a securing order, releasing the defendant on his

own recognizance or fixing bail or committing him to the custody of the

sheriff for his future appearance in such action.