2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 180 - Proceedings Upon Felony Complaint From Arraignment Thereon Through Disposition Thereof › 180.10 - Proceedings Upon Felony Complaint; Arraignment; Defendant's Rights, Court's Instructions and Bail Matters.

§  180.10  Proceedings  upon  felony complaint; arraignment; defendant's
rights, court's instructions and bail matters.
1. Upon the defendant's arraignment before a local criminal court upon
a felony complaint, the court must immediately inform him, or cause  him
to be informed in its presence, of the charge or charges against him and
that  the  primary purpose of the proceedings upon such felony complaint
is to determine whether the defendant is to be held for the action of  a
grand jury with respect to the charges contained therein. The court must
furnish the defendant with a copy of the felony complaint.
2.  The  defendant  has  a right to a prompt hearing upon the issue of
whether there is sufficient evidence to warrant the court in holding him
for the action of a grand jury, but he may waive such right.
3. The defendant has a right to the aid of counsel at the  arraignment
and  at  every  subsequent  stage of the action, and, if he appears upon
such arraignment without counsel, has the following rights:
(a) To an adjournment for the purpose of obtaining counsel; and
(b) To communicate, free of charge, by letter or by telephone provided
by the law enforcement facility where the defendant is held to  a  phone
number  located  in the United States or Puerto Rico, for the purpose of
obtaining counsel and informing a relative or friend that he or she  has
been charged with an offense; and
(c)  To  have  counsel  assigned  by the court in any case where he is
financially unable to obtain the same.
4. The court must inform the defendant  of  all  rights  specified  in
subdivisions  two  and  three.  The  court  must  accord  the  defendant
opportunity  to  exercise  such  rights  and  must  itself   take   such
affirmative action as is necessary to effectuate them.
5. If the defendant desires to proceed without the aid of counsel, the
court  must  permit  him  to  do so if it is satisfied that he made such
decision with knowledge of the significance thereof, but if it is not so
satisfied it may not  proceed  until  the  defendant  is  provided  with
counsel,  either  of  his own choosing or by assignment. A defendant who
proceeds at the arraignment without counsel does not waive his right  to
counsel,  and  the  court must inform him that he continues to have such
right as well as all the rights specified in subdivision three which are
necessary to effectuate it, and that he may exercise such rights at  any
stage of the action.
6.  Upon  the  arraignment,  the  court, unless it intends immediately
thereafter to dismiss the felony complaint  and  terminate  the  action,
must  issue  a  securing  order which, as provided in subdivision two of
section 530.20, either releases the defendant on his own recognizance or
fixes bail or commits him to the custody of the sheriff for  his  future
appearance in such action.
7.  Notwithstanding  any  contrary  provision of this section, when an
off-hours arraignment part designated in accordance with  paragraph  (w)
of subdivision one of section two hundred twelve of the judiciary law is
in operation in the county in which the court is located, the court must
adjourn  the  proceedings  before it, and direct that the proceedings be
continued in such off-hours part when the defendant has appeared  before
the  court  without counsel and no counsel is otherwise available at the
time of such appearance to aid the defendant.