N.Y. Criminal Procedure Law § 570.54: Application for issuance of requisition; by whom made; contents

§ 570.54 Application for issuance of requisition; by whom made;

contents.

1. When the return to this state of a person charged with crime in

this state is required, the district attorney of the county in which the

offense was committed, or, if the offense is one which is cognizable by

him or her, the attorney general shall present to the governor his or

her written application for a requisition for the return of the person

charged, in which application shall be stated the name of the person so

charged, the crime charged against him or her, the approximate time,

place and circumstances of its commission, the state in which he or she

is believed to be, including the location of the accused therein at the

time the application is made and certifying that, in the opinion of the

said district attorney or attorney general the ends of justice require

the arrest and return of the accused to this state for trial and that

the proceeding is not instituted to enforce a private claim.

2. When there is required the return to this state of a person who has

been convicted of a crime in this state and has escaped from confinement

or broken the terms of his or her bail, probation or parole, the

district attorney of the county in which the offense was committed, the

warden of the institution or sheriff of the county, from which escape

was made, or the commissioner of the state department of corrections and

community supervision or his or her designee shall present to the

governor a written application for a requisition for the return of such

person, in which application shall be stated the name of the person, the

crime of which he or she was convicted, the circumstances of his or her

escape from confinement or of the breach of the terms of his or her

bail, probation or parole, the state in which he or she is believed to

be, including the location of the person therein at the time the

application is made.

3. The application shall be verified by affidavit, shall be executed

in duplicate and shall be accompanied by two certified copies of the

accusatory instrument stating the offense with which the accused is

charged, or of the judgment of conviction or of the sentence. The

district attorney, attorney general, warden, sheriff or the commissioner

of the state department of corrections and community supervision or his

or her designee may also attach such further affidavits and other

documents in duplicate as he or she shall deem proper to be submitted

with such application. One copy of the application, with the action of

the governor indicated by endorsement thereon, and one of the certified

copies of the accusatory instrument, or of the judgment of conviction or

the sentence shall be filed in the office of the secretary of state to

remain of record in that office. The other copies of all papers shall be

forwarded with the governor's requisition.