2023 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 › 140.27 - Arrest Without a Warrant; When and How Made; Procedure After Arrest by Peace Officer.

§  140.27  Arrest  without a warrant; when and how made; procedure after
arrest by peace officer.
1. The rules governing the manner in which a peace officer may make an
arrest, pursuant to section 140.25, are  the  same  as  those  governing
arrests by police officers, as prescribed in section 140.15.
2.  Upon arresting a person without a warrant, a peace officer, except
as otherwise provided in subdivision  three  or  three-a,  must  without
unnecessary  delay  bring  him or cause him to be brought before a local
criminal court, as provided in section 100.55  and  subdivision  one  of
section  140.20,  and must without unnecessary delay file or cause to be
filed therewith an appropriate accusatory  instrument.  If  the  offense
which  is  the  subject  of  the  arrest  is  one  of those specified in
subdivision  one  of  section  160.10,  the  arrested  person  must   be
fingerprinted  and photographed as therein provided. In order to execute
the required post-arrest functions, such  arresting  peace  officer  may
perform  such  functions  himself  or  he may enlist the aid of a police
officer  for  the  performance  thereof  in  the  manner   provided   in
subdivision one of section 140.20.
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
* NB Effective until September 1, 2024
* (a) the arrest is for an offense other than a  class  A,  B,  C  or  D
felony  or a violation of section 130.25, former section 130.40, section
205.10, 205.17, 205.19 or 215.56 of the penal law and
* NB Effective September 1, 2024
(b) owing to unavailability of a local criminal court such peace officer
is unable to bring or cause the arrested person  to  be  brought  before
such  a  court  with  reasonable promptness, the arrested person must be
brought  to  an  appropriate  police  station,  county  jail  or  police
headquarters  where  he  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-a.  If  the arrest is for a juvenile offender or adolescent offender
other than  an  arrest  for  violations  or  traffic  infractions,  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.
4.  * 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  two,  and  the
procedure may instead be as follows:
* NB Effective until September 1, 2024
* If  the  arrest  is  for  an offense other than a class A, B, C or D
felony or a violation of section 130.25, former section 130.40,  section
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 two, and the procedure may instead be as follows:
* NB Effective September 1, 2024
(a)  The  arresting peace officer, where he is specially authorized by
law to issue and serve an appearance ticket,  may  issue  and  serve  an
appearance ticket upon the arrested person and release him from custody;
or
(b)  The arresting peace officer, where he is not specially authorized
by law to issue and serve an appearance ticket, may enlist the aid of  a

police  officer  and  request  that  such  officer  issue  and  serve an
appearance ticket upon the arrested person, and upon such  issuance  and
service the latter must be released from custody.
5.  Upon  arresting  a  juvenile  offender  or  a  person  sixteen  or
commencing October first, two thousand nineteen, seventeen years of  age
without a warrant, the peace 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 a 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  the
juvenile  offender  or  such person 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.