N.Y. Penal Law § 85.10: Commitment; notifications; warrants

§ 85.10 Commitment; notifications; warrants.

1. Commitment. Commitment under a sentence of intermittent

imprisonment and execution of the judgment shall be in accordance with

the procedure applicable to a definite sentence of imprisonment, except

that: (a) detention of the defendant under the judgment shall be

executed during the times specified in the sentence; and (b) the court

may provide that the defendant is to report to a specified institution

on a specified date at a specified time to commence service of the

sentence and in such case the defendant need not be taken into or

retained in custody when sentence is imposed.

2. Notifications. A written copy of the sentence imposed by the court

signed by the judge who imposed the sentence shall be delivered to the

defendant and shall be annexed to the commitment and to each copy of the

commitment required to be delivered or filed. When the defendant is not

taken into or retained in custody at the time sentence is imposed, the

commitment and copy of the sentence shall forthwith be delivered to the

person whose duty it is to execute the judgment. If at any time the

defendant fails to report for confinement as provided in the sentence

the officer in charge of the institution or department to which such

commitment is made or someone designated by such officer shall forthwith

notify the court in writing of such failure to report.

3. Warrants. Upon receipt of any such notification the court may issue

a warrant to an appropriate police officer or peace officer directing

him to take the defendant into custody and bring him before the court.

The court may then commit such person to custody or fix bail or release

him on his own recognizance for future appearance before the court.