NY Crim Pro L § 140.20 (2021)
2021 New York Laws CPL - Criminal Procedure Part 2 - The Principal Proceedings Title H - Preliminary Proceedings in Local Criminal Court Article 140 - Arrest Without a Warrant 140.20 - Arrest Without a Warrant; Procedure After Arrest by Police Officer.

§  140.20  Arrest  without  a  warrant; procedure after arrest by police              officer.   1. Upon arresting a person without a warrant, a police officer,  after performing  without  unnecessary delay all recording, fingerprinting and other preliminary police duties required in the  particular  case,  must except  as otherwise provided in this section, without unnecessary delay bring the arrested person or cause him to  be  brought  before  a  local criminal  court  and file therewith an appropriate accusatory instrument charging him with the offense or  offenses  in  question.  The  arrested person must be brought to the particular local criminal court, or to one of  them  if  there be more than one, designated in section 100.55 as an appropriate court for commencement  of  the  particular  action;  except that:  (a)  If  the  arrest is for an offense other than a class A, B, C or D felony or a violation of section 130.25, 130.40, 205.10, 205.17,  205.19 or  215.56  of  the  penal law committed in a town, but not in a village thereof having a village court, and the town court of such town  is  not available  at  the  time,  the arrested person may be brought before the local criminal court of any village within such town or,  any  adjoining town,  village  embraced  in whole or in part by such adjoining town, or city of the same county; and  (b) If the arrest is for an offense other than a class A, B,  C  or  D felony  or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law committed in a village having a village court and such court is not available at the time, the arrested person may  be brought  before the town court of the town embracing such village or any other village court within such town, or, if such town or village  court is  not  available  either,  before  the  local  criminal  court  of any adjoining town, village embraced in whole or in part by  such  adjoining town, or city of the same county; and  (c)  If the arrest is for an offense committed in a city, and the city court thereof is not available at the time, the arrested person  may  be brought  before  the  local  criminal  court  of  any  adjoining town or village, or village court embraced by an adjoining town, within the same county as such city; and  (d) If the arrest is for a traffic infraction  or  for  a  misdemeanor relating  to  traffic,  the  police officer may, instead of bringing the arrested person  before  the  local  criminal  court  of  the  political subdivision  or  locality  in which the offense was allegedly committed, bring him or her before the local criminal  court  of  the  same  county nearest available by highway travel to the point of arrest; and  (e) Notwithstanding any other provision of this section, where a local criminal  court  in  the  county  in  which the defendant is arrested is operating an off-hours arraignment part designated  in  accordance  with paragraph  (w)  of  subdivision one of section two hundred twelve of the judiciary law at the time of defendant's arrest, the arrested person may be brought before such local criminal court.   2. If the arrest is for an offense other than a class A,  B,  C  or  D felony  or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, the arrested  person  need  not  be  brought before  a  local  criminal court as provided in subdivision one, and the procedure may instead be as follows:  (a) A police officer may issue and serve an appearance ticket upon the arrested  person  and  release  him  from  custody,  as  prescribed   in subdivision two of section 150.20; or  (b)  The  desk  officer  in charge at a police station, county jail or police headquarters, or any of his superior officers, may, in such place fix pre-arraignment bail and, upon deposit thereof, issue and  serve  an  appearance ticket upon the arrested person and release him from custody, as prescribed in section 150.30.   3. If (a) the arrest is for an offense other than a class A, B, C or D felony  or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, and (b) owing to unavailability of  a  local criminal  court  the  arresting  police  officer  is unable to bring the arrested person before such a court with reasonable  promptness,  either an  appearance  ticket  must be served unconditionally upon the arrested person  or  pre-arraignment  bail  must  be  fixed,  as  prescribed   in subdivision  two.  If pre-arraignment bail is fixed but not posted, such arrested person may be temporarily held in custody but must  be  brought before  a  local  criminal  court  without  unnecessary  delay.  Nothing contained in this subdivision requires a  police  officer  to  serve  an appearance ticket upon an arrested person or release him from custody at a  time  when  such person appears to be under the influence of alcohol, narcotics or other drug to the degree that he may  endanger  himself  or other persons.   4. If after arresting a person, for any offense, a police officer upon further  investigation  or inquiry determines or is satisfied that there is not reasonable cause to believe that the  arrested  person  committed such offense or any other offense based upon the conduct in question, he need  not  follow  any of the procedures prescribed in subdivisions one, two and three, but must immediately release such person from custody.   5. Before service of an appearance  ticket  upon  an  arrested  person pursuant  to  subdivision two or three, the issuing police officer must, if the offense designated in such appearance  ticket  is  one  of  those specified  in subdivision one of section 160.10, cause such person to be fingerprinted in the same manner as would be required were no appearance ticket to be issued or served.   6.  Upon  arresting  a  juvenile  offender  or  a  person  sixteen  or commencing  October first, two thousand nineteen, seventeen years of age without a warrant, the  police  officer  shall  immediately  notify  the parent  or  other  person legally responsible for his or her care or the person with whom he or she is domiciled, that such  offender  or  person has  been  arrested, and the location of the facility where he or she is being detained. If the  officer  determines  that  it  is  necessary  to question  a  juvenile offender or such person, the officer must take him or her to a facility designated by the chief administrator of the courts as a suitable place for the questioning of children or, upon the consent of a parent or other person legally responsible  for  the  care  of  the juvenile  or such person, to his or her residence and there question him or her for a reasonable period of time. A juvenile or such person  shall not be questioned pursuant to this section unless he or she and a person required  to  be notified pursuant to this subdivision, if present, have been advised:  (a) of the juvenile  offender's  or  such  person's  right  to  remain silent;  (b)  that  the statements made by him or her may be used in a court of law;  (c) of  his  or  her  right  to  have  an  attorney  present  at  such questioning; and  (d)  of  his  or her right to have an attorney provided for him or her without charge if he or she is unable to afford counsel.   In determining the suitability  of  questioning  and  determining  the reasonable  period  of  time for questioning such a juvenile offender or person, his or her age, the presence or absence of his or her parents or other persons legally responsible for his or her care  and  notification  pursuant   to   this   subdivision  shall  be  included  among  relevant considerations.   7.  Upon  arresting  a person, other than a juvenile offender, for any offense without a warrant, a police officer  shall,  upon  the  arrested person's request, permit him or her to communicate by telephone provided by  the  law enforcement facility where the defendant is held to a phone number located in the United States or Puerto Rico, for the purposes  of obtaining  counsel and informing a relative or friend that he or she has been arrested, unless granting  the  call  will  compromise  an  ongoing investigation or the prosecution of the defendant.   8.  If  the  arrest  is for a juvenile offender or adolescent offender other than an arrest for a  violation  or  a  traffic  infraction,  such offender  shall  be brought before the youth part of the superior court. If the youth part is not in session,  such  offender  shall  be  brought before  the  most  accessible  magistrate  designated  by  the appellate division of the supreme court in the applicable department to act  as  a youth part.