New York · Through 2026-09-11

N.Y. Criminal Procedure Law § 570.24: Rights of accused person; application for writ of habeas corpus

§ 570.24  Rights of accused person; application for writ of habeas
        corpus.
  No person arrested upon such warrant shall be delivered over to the
agent whom the executive authority demanding him shall have appointed to
receive him unless he shall first be taken forthwith before a justice or
judge of a court of record in this state, who shall inform him of the
demand made for his surrender and of the crime with which he is charged,
and that he has the right to demand and procure legal counsel; and if
the prisoner or his counsel shall state that he or they desire to test
the legality of his arrest, the justice or judge of such court of record
shall fix a reasonable time to be allowed within which to apply for a
writ of habeas corpus.  When such writ is applied for, notice thereof,
and of the time and place of hearing thereon, shall be given to the
district attorney of the county in which the arrest is made and in which
the accused is in custody, and to the said agent of the demanding state.

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

§ 570.24 Rights of accused person; application for writ of habeas

corpus.

No person arrested upon such warrant shall be delivered over to the

agent whom the executive authority demanding him shall have appointed to

receive him unless he shall first be taken forthwith before a justice or

judge of a court of record in this state, who shall inform him of the

demand made for his surrender and of the crime with which he is charged,

and that he has the right to demand and procure legal counsel; and if

the prisoner or his counsel shall state that he or they desire to test

the legality of his arrest, the justice or judge of such court of record

shall fix a reasonable time to be allowed within which to apply for a

writ of habeas corpus. When such writ is applied for, notice thereof,

and of the time and place of hearing thereon, shall be given to the

district attorney of the county in which the arrest is made and in which

the accused is in custody, and to the said agent of the demanding state.

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

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