New York · Through 2026-09-11

N.Y. Criminal Procedure Law § 570.16: Extradition of persons not present in demanding state at time of commission of crime

§ 570.16  Extradition of persons not present in demanding state at time
             of commission of crime.
  The governor of this state may also surrender, on demand of the
executive authority of any other state, any person in this state charged
in such other state in the manner provided in section 570.08 with
committing an act in this state or in a third state, intentionally
resulting in a crime in the state whose executive authority is making
the demand, when the acts for which extradition is sought would be
punishable by the laws of this state, if the consequences claimed to
have resulted therefrom in the demanding state had taken effect in this
state; and the provisions of this article not otherwise inconsistent,
shall apply to such cases, even though the accused was not in that state
at the time of the commission of the crime, and has not fled therefrom;
provided, however, that the governor of this state may, in his
discretion, make any such surrender conditional upon agreement by the
executive authority of the demanding state, that the person so
surrendered will be held to answer no criminal charges of any nature
except those set forth in the requisition upon which such person is so
surrendered, at least until such person has been given reasonable
opportunity to return to this state after his acquittal, if he shall be
acquitted, or if he shall be convicted, after he shall be released from
confinement.  Nothing in this section shall apply to the crime of libel.

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

§ 570.16 Extradition of persons not present in demanding state at time

of commission of crime.

The governor of this state may also surrender, on demand of the

executive authority of any other state, any person in this state charged

in such other state in the manner provided in section 570.08 with

committing an act in this state or in a third state, intentionally

resulting in a crime in the state whose executive authority is making

the demand, when the acts for which extradition is sought would be

punishable by the laws of this state, if the consequences claimed to

have resulted therefrom in the demanding state had taken effect in this

state; and the provisions of this article not otherwise inconsistent,

shall apply to such cases, even though the accused was not in that state

at the time of the commission of the crime, and has not fled therefrom;

provided, however, that the governor of this state may, in his

discretion, make any such surrender conditional upon agreement by the

executive authority of the demanding state, that the person so

surrendered will be held to answer no criminal charges of any nature

except those set forth in the requisition upon which such person is so

surrendered, at least until such person has been given reasonable

opportunity to return to this state after his acquittal, if he shall be

acquitted, or if he shall be convicted, after he shall be released from

confinement. Nothing in this section shall apply to the crime of libel.

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

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