NY Crim Pro L § 150.20 (2021)
2021 New York Laws CPL - Criminal Procedure Part 2 - The Principal Proceedings Title H - Preliminary Proceedings in Local Criminal Court Article 150 - The Appearance Ticket 150.20 - Appearance Ticket; When and by Whom Issuable.

§ 150.20 Appearance ticket; when and by whom issuable.   1.  (a)  Whenever  a  police officer is authorized pursuant to section 140.10 of this title to arrest a person without a warrant 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,  he  shall, except  as  set out in paragraph (b) of this subdivision, subject to the provisions of subdivisions three and four  of  section  150.40  of  this title, instead issue to and serve upon such person an appearance ticket.  (b) An officer is not required to issue an appearance ticket if:  (i)  the  person  has  one or more outstanding local criminal court or superior court warrants;  (ii) the person has failed to appear in court proceedings in the  last two years;  (iii) the person has been given a reasonable opportunity to make their verifiable  identity  and a method of contact known, and has been unable or unwilling to do so, so  that  a  custodial  arrest  is  necessary  to subject  the  individual  to  the  jurisdiction  of  the  court. For the purposes of this section, an officer may  rely  on  various  factors  to determine  a  person's  identity,  including but not limited to personal knowledge  of  such  person,  such  person's   self-identification,   or photographic  identification.  There  is  no  requirement  that a person present photographic identification in order to be issued an  appearance ticket  in  lieu  of  arrest  where  the  person's identity is otherwise verifiable; however, if offered by such person, an officer shall  accept as  evidence  of  identity  the  following:  a valid driver's license or non-driver identification card  issued  by  the  commissioner  of  motor vehicles,   the   federal   government,  any  United  States  territory, commonwealth or possession, the District of Columbia, a state government or municipal  government  within  the  United  States  or  a  provincial government  of  the  dominion  of Canada; a valid passport issued by the United States government or any other country;  an  identification  card issued  by the armed forces of the United States; a public benefit card, as defined in paragraph (a) of subdivision one of section 158.00 of  the penal law;  (iv)  the  person  is charged with a crime between members of the same family or household, as defined in subdivision one of section 530.11  of this chapter;  (v)  the  person is charged with a crime defined in article 130 of the penal law;  (vi) it reasonably appears the person should  be  brought  before  the court  for consideration of issuance of an order of protection, pursuant to section 530.13 of this chapter, based on the facts of  the  crime  or offense that the officer has reasonable cause to believe occurred;  (vii)  the  person  is  charged  with  a crime for which the court may suspend or revoke his or her driver license;  (viii) it reasonably appears to the officer,  based  on  the  observed behavior  of  the individual in the present contact with the officer and facts regarding the person's condition that indicates a sign of distress to such a degree that the  person  would  face  harm  without  immediate medical or mental health care, that bringing the person before the court would  be  in  such person's interest in addressing that need; provided, however, that before making the  arrest,  the  officer  shall  make  all reasonable   efforts  to  assist  the  person  in  securing  appropriate services.   2. (a) Whenever a police officer  has  arrested  a  person  without  a warrant  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 pursuant to  section  140.10,  or  (b)  whenever  a  peace  officer, who is not authorized by law to issue an appearance ticket, has arrested  a person 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 pursuant to section 140.25, and has requested a police  officer  to  issue  and  serve  upon  such  arrested  person  an appearance ticket pursuant to subdivision four of section 140.27, or (c) whenever a person has been arrested 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 has been delivered to  the custody  of  an  appropriate  police officer pursuant to section 140.40, such police officer may, instead of bringing such person before a  local criminal  court  and  promptly  filing  or  causing  the arresting peace officer or arresting person to file a local  criminal  court  accusatory instrument  therewith, issue to and serve upon such person an appearance ticket. The issuance and service of  an  appearance  ticket  under  such circumstances may be conditioned upon a deposit of pre-arraignment bail, as provided in section 150.30.   3.  A  public  servant  other  than a police officer, who is specially authorized by state law or local law enacted pursuant to the  provisions of  the  municipal  home  rule law to issue and serve appearance tickets with respect to designated offenses other  than  class  A,  B,  C  or  D felonies or violations of section 130.25, 130.40, 205.10, 205.17, 205.19 or  215.56  of  the  penal law, may in such cases issue and serve upon a person an appearance ticket when he has reasonable cause to believe that such person has committed a crime, or has committed a petty  offense  in his presence.