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This entry was published on 2014-09-22
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SECTION 210.10
Requirement of and methods of securing defendant's appearance for arraignment upon indictment
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE I, ARTICLE 210
§ 210.10 Requirement of and methods of securing defendant's appearance

for arraignment upon indictment.

After an indictment has been filed with a superior court, the
defendant must be arraigned thereon. He must appear personally at such
arraignment, and his appearance may be secured as follows: 1. If the
defendant was previously held by a local criminal court for the action
of the grand jury, and if he is confined in the custody of the sheriff
pursuant to a previous court order issued in the same criminal action,
the superior court must direct the sheriff to produce the defendant for
arraignment on a specified date and the sheriff must comply with such
direction. The court must give at least two days notice of the time and
place of the arraignment to an attorney, if any, who has previously
filed a notice of appearance in behalf of the defendant with such
superior court, or if no such notice of appearance has been filed, to an
attorney, if any, who filed a notice of appearance in behalf of the
defendant with the local criminal court.

2. If a felony complaint against the defendant was pending in a local
criminal court or if the defendant was previously held by a local
criminal court for the action of the grand jury, and if the defendant is
at liberty on his or her own recognizance or on bail pursuant to a
previous court order issued in the same criminal action, the superior
court must, upon at least two days notice to the defendant and his or
her surety, to any person other than the defendant who posted cash bail
and to any attorney who would be entitled to notice under circumstances
prescribed in subdivision one, direct the defendant to appear before the
superior court for arraignment on a specified date. If the defendant
fails to appear on such date, the court may issue a bench warrant and,
in addition, may forfeit the bail, if any. Upon taking the defendant
into custody pursuant to such bench warrant, the executing police
officer must without unnecessary delay bring the defendant before such
superior court for arraignment. If such superior court is not available,
the executing police officer may bring the defendant to the local
correctional facility of the county in which such superior court sits,
to be detained there until not later than the commencement of the next
session of such court occurring on the next business day.

3. If the defendant has not previously been held by a local criminal
court for the action of the grand jury and the filing of the indictment
constituted the commencement of the criminal action, the superior court
must order the indictment to be filed as a sealed instrument until the
defendant is produced or appears for arraignment, and must issue a
superior court warrant of arrest. Upon the request of the district
attorney, in lieu of a superior court warrant of arrest, the court may
issue a summons if it is satisfied that the defendant will respond
thereto. Upon the request of the district attorney, in lieu of a warrant
of arrest or summons, the court may instead authorize the district
attorney to direct the defendant to appear for arraignment on a
designated date if it is satisfied that the defendant will so appear. A
superior court warrant of arrest is executable anywhere in the state.
Such warrant may be addressed to any police officer whose geographical
area of employment embraces either the place where the offense charged
was allegedly committed or the locality of the court by which the
warrant is issued. It must be executed in the same manner as an
ordinary warrant of arrest, as provided in section 120.80, and following
the arrest the executing police officer must without unnecessary delay
perform all recording, fingerprinting, photographing and other
preliminary police duties required in the particular case, and bring the
defendant before the superior court. If such superior court is not
available, the executing police officer may bring the defendant to the
local correctional facility of the county in which such superior court
sits, to be detained there until not later than the commencement of the
next session of such court occurring on the next business day.

4. A superior court warrant of arrest may be executed by (a) any
police officer to whom it is addressed or (b) any other police officer
delegated to execute it under circumstances prescribed in subdivisions
five and six.

5. The issuing court may authorize the delegation of such warrant.
Where the issuing court has so authorized, a police officer to whom a
superior court warrant of arrest is addressed may delegate another
police officer to whom it is not addressed to execute such warrant as
his agent when:

(a) He has reasonable cause to believe that the defendant is in a
particular county other than the one in which the warrant is returnable;
and

(b) The geographical area of employment of the delegated police
officer embraces the locality where the arrest is to be made.

6. Under circumstances specified in subdivision five, the police
officer to whom the warrant is addressed may inform the delegated
officer, by telecommunication, mail or any other means, of the issuance
of the warrant, of the offense charged in the underlying accusatory
instrument and of all other pertinent details, and may request such
officer to act as his or her agent in arresting the defendant pursuant
to such warrant. Upon such request, the delegated police officer is to
the same extent as the delegating officer, authorized to make such
arrest pursuant to the warrant within the geographical area of such
delegated officer's employment. Upon so arresting the defendant, he or
she must without unnecessary delay deliver the defendant or cause the
defendant to be delivered to the custody of the police officer by whom
he or she was so delegated, and the latter must then without unnecessary
delay bring the defendant before a court in which such warrant is
returnable. If such court is not available, the delegating officer may
bring the defendant to the local correctional facility of the county in
which such court sits, to be detained there until not later than the
commencement of the next session of such court occurring on the next
business day.