§ 140.27 Arrest without a warrant; when and how made; procedure after

arrest by peace officer.

1. The rules governing the manner in which a peace officer may make an
arrest, pursuant to section 140.25, are the same as those governing
arrests by police officers, as prescribed in section 140.15.

2. Upon arresting a person without a warrant, a peace officer, except
as otherwise provided in subdivision three or three-a, must without
unnecessary delay bring him or cause him to be brought before a local
criminal court, as provided in section 100.55 and subdivision one of
section 140.20, and must without unnecessary delay file or cause to be
filed therewith an appropriate accusatory instrument. If the offense
which is the subject of the arrest is one of those specified in
subdivision one of section 160.10, the arrested person must be
fingerprinted and photographed as therein provided. In order to execute
the required post-arrest functions, such arresting peace officer may
perform such functions himself or he may enlist the aid of a police
officer for the performance thereof in the manner provided in
subdivision one of section 140.20.

3. 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 such peace officer
is unable to bring or cause the arrested person to be brought before
such a court with reasonable promptness, the arrested person must be
brought to an appropriate police station, county jail or police
headquarters where he 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-a. If the arrest is for a juvenile offender or adolescent offender
other than an arrest for violations or traffic infractions, such
offender shall be brought before the youth part of the superior court.
If the youth part is not in session, such offender shall be brought
before the most accessible magistrate designated by the appellate
division of the supreme court in the applicable department to act as a
youth part.

4. * 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 two, 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 two, and the procedure may instead be as follows:

* NB Effective September 1, 2024

(a) The arresting peace officer, where he is specially authorized by
law to issue and serve an appearance ticket, may issue and serve an
appearance ticket upon the arrested person and release him from custody;
or

(b) The arresting peace officer, where he is not specially authorized
by law to issue and serve an appearance ticket, may enlist the aid of a
police officer and request that such officer issue and serve an
appearance ticket upon the arrested person, and upon such issuance and
service the latter must be released from custody.

5. Upon arresting a juvenile offender or a person sixteen or
commencing October first, two thousand nineteen, seventeen years of age
without a warrant, the peace 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 a 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 the
juvenile offender or such person 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.