New York · Through 2026-09-11

N.Y. Criminal Procedure Law § 570.08: Demand; form

§ 570.08  Demand; form.
  No demand for the extradition of a person charged with crime in
another state shall be recognized by the governor unless in writing
alleging that the accused was present in the demanding state at the time
of the commission of the alleged crime, and that thereafter he fled from
the state, except in cases arising under section 570.14 or 570.16, and
accompanied by a copy of an indictment found or by information supported
by an affidavit in the state having jurisdiction of the crime, or by a
copy of an affidavit made before a magistrate there, together with a
copy of any warrant which was issued thereon, or by a copy of a judgment
of conviction or of a sentence imposed in execution thereof, together
with a statement by the executive authority of the demanding state that
the person claimed has escaped from confinement or has broken the terms
of his bail, probation or parole.  The indictment, information or
affidavit made before the magistrate must substantially charge the
person demanded with having committed a crime under the law of that
state; and the copy of the indictment, information, affidavit, judgment
of conviction or sentence must be authenticated by the executive
authority making the demand.

Where this section sits in the code

Criminal Procedure Law
Part 3. Special Proceedings and Miscellaneous Procedures
Title Q. Procedures For Securing Attendance At Criminal Actions and Proceedings of Defendants Not Securable By Conventional Means--and Related Matters
Article 570. Securing Attendance of Defendants Who Are Outside the State But Within the United States--rendition to Other Jurisdictions of Defendants Within the State--uniform Criminal Extradition Act

§ 570.08 Demand; form.

No demand for the extradition of a person charged with crime in

another state shall be recognized by the governor unless in writing

alleging that the accused was present in the demanding state at the time

of the commission of the alleged crime, and that thereafter he fled from

the state, except in cases arising under section 570.14 or 570.16, and

accompanied by a copy of an indictment found or by information supported

by an affidavit in the state having jurisdiction of the crime, or by a

copy of an affidavit made before a magistrate there, together with a

copy of any warrant which was issued thereon, or by a copy of a judgment

of conviction or of a sentence imposed in execution thereof, together

with a statement by the executive authority of the demanding state that

the person claimed has escaped from confinement or has broken the terms

of his bail, probation or parole. The indictment, information or

affidavit made before the magistrate must substantially charge the

person demanded with having committed a crime under the law of that

state; and the copy of the indictment, information, affidavit, judgment

of conviction or sentence must be authenticated by the executive

authority making the demand.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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