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 › 140.40 - 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
* 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 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:
* 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 one, and the procedure may instead be as follows:
* NB Effective September 1, 2024
(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.