2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 210 - Proceedings in Superior Court From Filing of Indictment to Plea › 210.10 - Requirement of and Methods of Securing Defendant's Appearance for Arraignment Upon Indictment.

§  210.10  Requirement of and methods of securing defendant's appearance
for arraignment upon indictment.
After an  indictment  has  been  filed  with  a  superior  court,  the
defendant  must be arraigned thereon.  He must appear personally at such
arraignment, and his appearance may be secured as follows:  1.   If  the
defendant  was  previously held by a local criminal court for the action
of the grand jury, and if he is confined in the custody of  the  sheriff
pursuant  to  a previous court order issued in the same criminal action,
the superior court must direct the sheriff to produce the defendant  for
arraignment  on  a  specified date and the sheriff must comply with such
direction.  The court must give at least two days notice of the time and
place of the arraignment to an attorney,  if  any,  who  has  previously
filed  a  notice  of  appearance  in  behalf  of the defendant with such
superior court, or if no such notice of appearance has been filed, to an
attorney, if any, who filed a notice of  appearance  in  behalf  of  the
defendant with the local criminal court.
2.  If a felony complaint against the defendant was pending in a local
criminal court or if the  defendant  was  previously  held  by  a  local
criminal court for the action of the grand jury, and if the defendant is
at  liberty  on  his  or  her  own recognizance or on bail pursuant to a
previous court order issued in the same criminal  action,  the  superior
court  must,  upon  at least two days notice to the defendant and his or
her surety, to any person other than the defendant who posted cash  bail
and  to any attorney who would be entitled to notice under circumstances
prescribed in subdivision one, direct the defendant to appear before the
superior court for arraignment on a specified date.   If  the  defendant
fails  to  appear on such date, the court may issue a bench warrant and,
in addition, may forfeit the bail, if any.  Upon  taking  the  defendant
into  custody  pursuant  to  such  bench  warrant,  the executing police
officer must without unnecessary delay bring the defendant  before  such
superior court for arraignment. If such superior court is not available,
the  executing  police  officer  may  bring  the  defendant to the local
correctional facility of the county in which such superior  court  sits,
to  be  detained there until not later than the commencement of the next
session of such court occurring on the next business day.
3. If the defendant has not previously been held by a  local  criminal
court  for the action of the grand jury and the filing of the indictment
constituted the commencement of the criminal action, the superior  court
must  order  the indictment to be filed as a sealed instrument until the
defendant is produced or appears  for  arraignment,  and  must  issue  a
superior  court  warrant  of  arrest.   Upon the request of the district
attorney, in lieu of a superior court warrant of arrest, the  court  may
issue  a  summons  if  it  is  satisfied that the defendant will respond
thereto. Upon the request of the district attorney, in lieu of a warrant
of arrest or summons, the  court  may  instead  authorize  the  district
attorney  to  direct  the  defendant  to  appear  for  arraignment  on a
designated date if it is satisfied that the defendant will so appear.  A
superior  court  warrant  of arrest is executable anywhere in the state.
Such warrant may be addressed to any police officer  whose  geographical
area  of  employment embraces either the place where the offense charged
was allegedly committed or the  locality  of  the  court  by  which  the
warrant  is  issued.    It  must  be  executed  in the same manner as an
ordinary warrant of arrest, as provided in section 120.80, and following
the arrest the executing police officer must without  unnecessary  delay
perform   all   recording,   fingerprinting,   photographing  and  other
preliminary police duties required in the particular case, and bring the
defendant before the superior court.  If  such  superior  court  is  not
available,  the  executing police officer may bring the defendant to the

local correctional facility of the county in which such  superior  court
sits,  to be detained there until not later than the commencement of the
next session of such court occurring on the next business day.
4.  A  superior  court  warrant  of  arrest may be executed by (a) any
police officer to whom it is addressed or (b) any other  police  officer
delegated  to  execute it under circumstances prescribed in subdivisions
five and six.
5. The issuing court may authorize the  delegation  of  such  warrant.
Where  the  issuing  court has so authorized, a police officer to whom a
superior court warrant of  arrest  is  addressed  may  delegate  another
police  officer  to  whom it is not addressed to execute such warrant as
his agent when:
(a) He has reasonable cause to believe that  the  defendant  is  in  a
particular county other than the one in which the warrant is returnable;
and
(b)  The  geographical  area  of  employment  of  the delegated police
officer embraces the locality where the arrest is to be made.
6. Under circumstances  specified  in  subdivision  five,  the  police
officer  to  whom  the  warrant  is  addressed  may inform the delegated
officer, by telecommunication, mail or any other means, of the  issuance
of  the  warrant,  of  the  offense charged in the underlying accusatory
instrument and of all other pertinent  details,  and  may  request  such
officer  to  act as his or her agent in arresting the defendant pursuant
to such warrant. Upon such request, the delegated police officer  is  to
the  same  extent  as  the  delegating  officer, authorized to make such
arrest pursuant to the warrant within  the  geographical  area  of  such
delegated  officer's employment.  Upon so arresting the defendant, he or
she must without unnecessary delay deliver the defendant  or  cause  the
defendant  to  be delivered to the custody of the police officer by whom
he or she was so delegated, and the latter must then without unnecessary
delay bring the defendant before  a  court  in  which  such  warrant  is
returnable.  If  such court is not available, the delegating officer may
bring the defendant to the local correctional facility of the county  in
which  such  court  sits,  to be detained there until not later than the
commencement of the next session of such court  occurring  on  the  next
business day.