NY Crim Pro L § 140.40 (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 140.40 - Arrest Without a Warrant; by Person Acting Other Than as a Police Officer or a Peace Officer; Procedure After Arrest.

§  140.40  Arrest  without  a  warrant; by person acting other than as a              police officer or a peace officer; procedure after arrest.   1. A person making an arrest pursuant to section 140.30  must  without unnecessary  delay  deliver or attempt to deliver the person arrested to the custody of an appropriate police officer, as defined in  subdivision five. For such purpose, he may solicit the aid of any police officer and the  latter,  if  he  is not himself an appropriate police officer, must assist in delivering the arrested person to an appropriate  officer.  If the  arrest  is  for a felony, the appropriate police officer must, upon receiving  custody  of  the  arrested  person,  perform  all  recording, fingerprinting  and  other  preliminary  police  duties  required in the particular case. In any  case,  the  appropriate  police  officer,  upon receiving  custody  of the arrested person, except as otherwise provided in subdivisions two  and  three,  must  bring  him,  on  behalf  of  the arresting person, before an appropriate local criminal court, as defined in  subdivision  five, and the arresting person must without unnecessary delay file an appropriate accusatory instrument with such court.   2. 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 appropriate police  officer  having  custody  of  the arrested  person  is  unable  to  bring  him  before  such  a court with reasonable promptness, the arrested person must be  dealt  with  in  the manner  prescribed  in subdivision three of section 140.20, as if he had been arrested by a police officer.   3. 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) An appropriate 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  the  appropriate  police  officer's 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.   4.  Notwithstanding  any  other  provision  of  this section, a police officer is not required to take an arrested person into  custody  or  to take  any  other  action  prescribed  in  this  section on behalf of the arresting person if he has reasonable cause to believe that the arrested person did not commit  the  alleged  offense  or  that  the  arrest  was otherwise unauthorized.   5. If a police officer takes an arrested juvenile offender or a person sixteen  or  commencing  October first, two thosuand nineteen, seventeen years of age into custody, 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  offender  or  such  person,  to his or her residence and there question him or her for a reasonable period of time. A juvenile offender 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 his or her right to remain silent;  (b)  that  the statements made by the juvenile offender or such person 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 such 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.   6. As used in this section:  (a)  An  "appropriate  police  officer" means one who would himself be authorized to make the arrest in question as a police  officer  pursuant to section 140.10;  (b)  An  "appropriate  local  criminal  court" means one with which an accusatory instrument charging the offense in question may  properly  be filed pursuant to the provisions of section 100.55.