2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 120 - Warrant of Arrest › 120.90 - Warrant of Arrest; Procedure After Arrest.

§ 120.90  Warrant of arrest; procedure after arrest.
1. Upon arresting a defendant for any offense pursuant to a warrant of
  arrest  in  the  county  in  which  the  warrant is returnable or in any
  adjoining county, or upon so arresting him or her for a  felony  in  any
  other  county, a police officer, if he or she be one to whom the warrant
  is addressed, must without unnecessary delay bring the defendant  before
  the  local  criminal  court or youth part of the superior court in which
  such warrant is returnable, provided that, where a local criminal  court
  or  youth  part of the superior court in the county in which the warrant
  is returnable hereunder  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  return,  such police officer may bring the defendant before
  such local criminal court or youth part of the superior court.
2.  Upon arresting a defendant for any offense pursuant to  a  warrant
  of  arrest  in  a  county  adjoining  the county in which the warrant is
  returnable, or upon so arresting him for a felony in any other county, a
  police officer, if he be one delegated to execute the  warrant  pursuant
  to  section 120.60, must without unnecessary delay deliver the defendant
  or cause him to be delivered to the custody of the officer  by  whom  he
  was  so  delegated,  and  the  latter  must  then proceed as provided in
  subdivision one.
3.  Upon arresting a defendant for an  offense  other  than  a  felony
  pursuant  to a warrant of arrest in a county other than the one in which
  the warrant is returnable or one adjoining it, a police officer,  if  he
  be  one to whom the warrant is addressed, must inform the defendant that
  he has a right to appear before a local criminal court of the county  of
  arrest  for  the  purpose  of  being released on his own recognizance or
  having bail fixed.  If the defendant does not desire to avail himself of
  such right, the officer must request him to endorse such fact  upon  the
  warrant,  and upon such endorsement the officer must without unnecessary
  delay bring him before the court in which the warrant is returnable.  If
  the defendant does desire to avail himself  of  such  right,  or  if  he
  refuses to make the aforementioned endorsement, the officer must without
  unnecessary  delay bring him before a local criminal court of the county
  of  arrest.    Such  court  must  release  the  defendant  on  his   own
  recognizance  or  fix bail for his appearance on a specified date in the
  court in which the warrant is  returnable.    If  the  defendant  is  in
  default  of  bail,  the officer must without unnecessary delay bring him
  before the court in which the warrant is returnable.
4.  Upon arresting a defendant for an  offense  other  than  a  felony
  pursuant  to a warrant of arrest in a county other than the one in which
  the warrant is returnable or one adjoining it, a police officer,  if  he
  be  one delegated to execute the warrant pursuant to section 120.60, may
  hold the defendant in custody in the county of arrest for a  period  not
  exceeding  two hours for the purpose of delivering him to the custody of
  the officer by whom he was delegated to execute  such  warrant.  If  the
  delegating officer receives custody of the defendant during such period,
  he  must  proceed  as  provided  in  subdivision  three.  Otherwise, the
  delegated officer must inform the defendant  that  he  has  a  right  to
  appear  before  a local criminal court for the purpose of being released
  on his own recognizance or having bail fixed.  If the defendant does not
  desire to avail himself of such right, the officer must request  him  to
  make,  sign  and deliver to him a written statement of such fact, and if
  the defendant does so, the officer must retain custody of him  but  must
  without  unnecessary  delay  deliver him or cause him to be delivered to
  the custody of the delegating police  officer.  If  the  defendant  does
  desire  to  avail  himself  of  such right, or if he refuses to make and

  deliver the aforementioned statement, the delegated or arresting officer
  must without unnecessary delay bring him before a local  criminal  court
  of  the  county  of  arrest  and  must  submit  to  such court a written
  statement  reciting  the  material  facts concerning the issuance of the
  warrant, the offense involved, and all other essential matters  relating
  thereto.  Upon the submission of such statement, such court must release
  the  defendant on his own recognizance or fix bail for his appearance on
  a specified date in the court in which the warrant is  returnable.    If
  the  defendant is in default of bail, the officer must retain custody of
  him but must without unnecessary delay deliver him or cause  him  to  be
  delivered to the custody of the delegating officer.  Upon receiving such
  custody,  the  latter must without unnecessary delay bring the defendant
  before the court in which the warrant is returnable.
5. Whenever a police officer is required pursuant to this  section  to
  bring  an  arrested  defendant before a town court in which a warrant of
  arrest is returnable, and if such town court is  not  available  at  the
  time,  such  officer  must,  if  a  copy  of  the  underlying accusatory
  instrument has been attached to the warrant pursuant to section  120.40,
  instead bring such defendant before any village court embraced, in whole
  or  in  part,  by such town, or any local criminal court of an adjoining
  town or city of the same county or any village court embraced, in  whole
  or  in part, by such adjoining town. When the court in which the warrant
  is returnable is a village court which is not available at the time, the
  officer must in such circumstances bring the defendant before  the  town
  court  of  the  town  embracing  such village or any other village court
  within such town or,  if  such  town  court  or  village  court  is  not
  available either, before the local criminal court of any town or city of
  the  same  county which adjoins such embracing town or, before the local
  criminal court of any village embraced in  whole  or  in  part  by  such
  adjoining  town.  When the court in which the warrant is returnable is a
  city court which is not available at the time, the officer must in  such
  circumstances bring the defendant before the local criminal court of any
  adjoining town or village embraced in whole or in part by such adjoining
  town of the same county.
5-a.  Whenever a police officer is required, pursuant to this section,
  to bring an arrested defendant before a youth part of a  superior  court
  in  which a warrant of arrest is returnable, and if such court is not in
  session,  such  officer  must  bring  such  defendant  before  the  most
  accessible  magistrate  designated  by  the  appellate  division  of the
  supreme court in the applicable department to act as a youth part.
6. Before bringing a defendant arrested pursuant to a  warrant  before
  the local criminal court or youth part of a superior court in which such
  warrant  is  returnable, a police officer must without unnecessary delay
  perform all fingerprinting and other preliminary police duties  required
  in  the  particular  case.  In  any  case  in which the defendant is not
  brought by a police officer before such court but, following his  arrest
  in another county for an offense specified in subdivision one of section
  160.10,  is  released  by a local criminal court of such other county on
  his own recognizance or on bail for his appearance on a  specified  date
  before  the local criminal court before which the warrant is returnable,
  the latter court must, upon arraignment  of  the  defendant  before  it,
  direct  that  he  be fingerprinted by the appropriate officer or agency,
  and that he appear at an appropriate designated time and place for  such
  purpose.
7.  Upon  arresting  a  juvenile  offender or adolescent offender, the
  police officer shall immediately  notify  the  parent  or  other  person
  legally  responsible  for  his  care  or  the  person  with  whom  he is

  domiciled, that the juvenile offender or adolescent  offender  has  been
  arrested, and the location of the facility where he is being detained.
8. Upon arresting a defendant, other than a juvenile offender, for any
  offense  pursuant  to  a warrant of arrest, a police officer shall, upon
  the  defendant's  request,  permit  the  defendant  to  communicate   by
  telephone  provided  by the law enforcement facility where the defendant
  is held to a phone number located  anywhere  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.