2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 170 - Proceedings Upon Information, Simplified Traffic Information, Prosecutor's Information and Misdemeanor Complaint From Arraignment to Plea › 170.10 - Arraignment Upon Information, Simplified Traffic Information, Prosecutor's Information or Misdemeanor Complaint; Defendant's Presence, Defendant's Rig

§ 170.10 Arraignment  upon  information, simplified traffic information,
prosecutor's   information    or    misdemeanor    complaint;
defendant's    presence,    defendant's    rights,    court's
instructions and bail matters.
1. Following the filing with a local criminal court of an information,
a simplified information, a prosecutor's information  or  a  misdemeanor
complaint,  the  defendant must be arraigned thereon. The defendant must
appear  personally  at  such  arraignment  except  under  the  following
circumstances:
(a)  In  any  case  where  a  simplified  information  is  filed and a
procedure is provided by law which is applicable to all offenses charged
in such simplified information and, if followed, would dispense with  an
arraignment  or  personal appearance of the defendant, nothing contained
in this section affects the validity of such procedure or requires  such
personal appearance;
(b)  In  any case in which the defendant's appearance is required by a
summons or an appearance ticket, the court in its  discretion  may,  for
good  cause  shown, permit the defendant to appear by counsel instead of
in person.
2. Upon any arraignment at which the defendant is personally  present,
the  court  must  immediately inform him, or cause him to be informed in
its presence, of the charge or charges against him and must furnish  him
with a copy of the accusatory instrument.
3.  The  defendant  has  the  right  to  the  aid  of  counsel  at the
arraignment and at every subsequent stage of the action. If  he  appears
upon such arraignment without counsel, he 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 purposes 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 if he is financially unable
to obtain the same; except that this paragraph does not apply where  the
accusatory instrument charges a traffic infraction or infractions only.
4.  Except  as provided in subdivision five, the court must inform the
defendant:
(a) Of his rights as prescribed in subdivision three;  and  the  court
must  not  only  accord him opportunity to exercise such rights but must
itself take such affirmative action as is necessary to effectuate  them;
and
(b) Where a traffic infraction or a misdemeanor relating to traffic is
charged,  that  a  judgment  of  conviction  for  such  offense would in
addition to subjecting the defendant to the sentence  provided  therefor
render  his  license  to  drive  a  motor vehicle and his certificate of
registration subject to suspension and revocation as prescribed  by  law
and  that  a  plea  of  guilty  to such offense constitutes a conviction
thereof to the same extent as a verdict of guilty after trial; and
(c)  Where  the  accusatory  instrument  is   a   simplified   traffic
information,  that  the  defendant  has  a  right  to  have a supporting
deposition filed, as provided in section 100.25; and
(d) Where the accusatory instrument is a misdemeanor  complaint,  that
the  defendant may not be prosecuted thereon or required to enter a plea
thereto unless he consents to the same, and that in the absence of  such
consent such misdemeanor complaint will for prosecution purposes have to
be replaced and superseded by an information; and
(e)  Where  an  information,  a simplified information, a prosecutor's
information,  a  misdemeanor  complaint,  a  felony  complaint   or   an

indictment  charges  harassment  in  the  second  degree,  as defined in
section 240.26 of the penal law, if there is a  judgment  of  conviction
for  such  offense and such offense is determined to have been committed
against  a  member  of the same family or household as the defendant, as
defined in subdivision one of section 530.11 of this chapter, the record
of such conviction shall be accessible for law enforcement purposes  and
not  sealed,  as  specified  in  paragraph  (a) and subparagraph (vi) of
paragraph (d) of subdivision one of section 160.55 of this title; and
5. In any case in which a defendant has appeared  for  arraignment  in
response  to a summons or an appearance ticket, a printed statement upon
such process of any court instruction  required  by  the  provisions  of
subdivision  four,  other than those specified in paragraphs (d) and (e)
thereof, constitutes compliance with such provisions with respect to the
instruction so printed.
6. If a defendant charged with a  traffic  infraction  or  infractions
only  desires  to  proceed  without  the  aid of counsel, the court must
permit him to do so. In all other  cases,  the  court  must  permit  the
defendant  to proceed without the aid of counsel 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.
Regardless of the kind  or  nature  of  the  charges,  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.
7. Upon the arraignment, the court, unless it intends to make a  final
disposition  of  the action immediately thereafter, must, as provided in
subdivision one  of  section  530.20,  issue  a  securing  order  either
releasing  the  defendant on his own recognizance or fixing bail for his
future appearance in the action; except that where a  defendant  appears
by counsel pursuant to paragraph (b) of subdivision one of this section,
the court must release the defendant on his own recognizance.
8. Notwithstanding any other provision of law to the contrary, a local
criminal  court  may  not,  at  arraignment  or  within  thirty  days of
arraignment on a simplified traffic information charging a violation  of
subdivision  two, two-a, three, four or four-a of section eleven hundred
ninety-two of the vehicle and traffic law and upon which a notation  has
been  made  pursuant  to  subdivision  twelve  of section eleven hundred
ninety-two of the vehicle and traffic law, accept a plea of guilty to  a
violation of any subdivision of section eleven hundred ninety-two of the
vehicle and traffic law, nor to any other traffic infraction arising out
of  the same incident, nor to any other traffic infraction, violation or
misdemeanor where the court is  aware  that  such  offense  was  charged
pursuant  to  an  accident  involving  death or serious physical injury,
except upon written consent of the district attorney.
8-a.  (a)  Where  an  information,   a   simplified   information,   a
prosecutor's information, a misdemeanor complaint, a felony complaint or
an  indictment  charges  harassment  in  the second degree as defined in
section 240.26 of the penal law, the people may serve upon the defendant
and file with  the  court  a  notice  alleging  that  such  offense  was
committed  against  a  member  of  the  same  family or household as the
defendant, as defined in subdivision  one  of  section  530.11  of  this
chapter.   Such   notice  must  be  served  within  fifteen  days  after
arraignment on an information, a simplified information, a  prosecutor's
information,   a   misdemeanor  complaint,  a  felony  complaint  or  an
indictment for such charge and before trial. Such  notice  must  include

the  name  of  the  person  alleged to be a member of the same family or
household as the defendant and specify the specific family or  household
relationship  as  defined  in  subdivision one of section 530.11 of this
chapter.
(b)  If  a  defendant, charged with harassment in the second degree as
defined in section 240.26 of the penal law stipulates, or admits in  the
course  of  a plea disposition, that the person against whom the charged
offense is alleged to have been committed is a member of the same family
or household as the defendant, as defined in subdivision one of  section
530.11  of this chapter, such allegation shall be deemed established for
purposes of paragraph (a) and subparagraph  (vi)  of  paragraph  (d)  of
subdivision one of section 160.55 of this title. If the defendant denies
such  allegation,  the  people  may, by proof beyond a reasonable doubt,
prove as part of their case that the alleged victim of such offense  was
a  member  of  the  same  family  or household as the defendant. In such
circumstances, the trier of  fact  shall  make  its  determination  with
respect to such allegation orally on the record or in writing.
9.  Nothing  contained  in  this section applies to the arraignment of
corporate defendants, which is governed generally by the  provisions  of
article six hundred.
10.  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,  unless  the  defendant
desires  to  proceed  without  the  aid  of  counsel  and  the  court is
satisfied, pursuant  to  subdivision  six  of  this  section,  that  the
defendant made such decision with knowledge of the significance thereof.