N.Y. CPL Law § 180.10 — New York Code / Act CPL / Part 2 / Title H / Article 180 / Section 180.10
Proceedings upon felony complaint; arraignment; defendant's rights, court's instructions and bail matters
Status: in_force

§ 180.10 Proceedings upon felony complaint; arraignment; defendant's\n             rights, court's instructions and bail matters.\n  1. Upon the defendant's arraignment before a local criminal court upon\na felony complaint, the court must immediately inform him, or cause him\nto be informed in its presence, of the charge or charges against him and\nthat the primary purpose of the proceedings upon such felony complaint\nis to determine whether the defendant is to be held for the action of a\ngrand jury with respect to the charges contained therein. The court must\nfurnish the defendant with a copy of the felony complaint.\n  2. The defendant has a right to a prompt hearing upon the issue of\nwhether there is sufficient evidence to warrant the court in holding him\nfor the action of a grand jury, but he may waive such right.\n  3. The defendant has a right to the aid of counsel at the arraignment\nand at every subsequent stage of the action, and, if he appears upon\nsuch arraignment without counsel, has the following rights:\n  (a) To an adjournment for the purpose of obtaining counsel; and\n  (b) To communicate, free of charge, by letter or by telephone provided\nby the law enforcement facility where the defendant is held to a phone\nnumber located in the United States or Puerto Rico, for the purpose of\nobtaining counsel and informing a relative or friend that he or she has\nbeen charged with an offense; and\n  (c) To have counsel assigned by the court in any case where he is\nfinancially unable to obtain the same.\n  4. The court must inform the defendant of all rights specified in\nsubdivisions two and three. The court must accord the defendant\nopportunity to exercise such rights and must itself take such\naffirmative action as is necessary to effectuate them.\n  5. If the defendant desires to proceed without the aid of counsel, the\ncourt must permit him to do so if it is satisfied that he made such\ndecision with knowledge of the significance thereof, but if it is not so\nsatisfied it may not proceed until the defendant is provided with\ncounsel, either of his own choosing or by assignment. A defendant who\nproceeds at the arraignment without counsel does not waive his right to\ncounsel, and the court must inform him that he continues to have such\nright as well as all the rights specified in subdivision three which are\nnecessary to effectuate it, and that he may exercise such rights at any\nstage of the action.\n  6. Upon the arraignment, the court, unless it intends immediately\nthereafter to dismiss the felony complaint and terminate the action,\nmust issue a securing order which, as provided in subdivision two of\nsection 530.20, either releases the defendant on his own recognizance or\nfixes bail or commits him to the custody of the sheriff for his future\nappearance in such action.\n  7. Notwithstanding any contrary provision of this section, when an\noff-hours arraignment part designated in accordance with paragraph (w)\nof subdivision one of section two hundred twelve of the judiciary law is\nin operation in the county in which the court is located, the court must\nadjourn the proceedings before it, and direct that the proceedings be\ncontinued in such off-hours part when the defendant has appeared before\nthe court without counsel and no counsel is otherwise available at the\ntime of such appearance to aid the defendant.\n