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This entry was published on 2019-10-04
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SECTION 120.90
Warrant of arrest; procedure after arrest
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE H, ARTICLE 120
§ 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.