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This entry was published on 2014-09-22
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SECTION 570.54
Application for issuance of requisition; by whom made; contents
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE Q, ARTICLE 570
§ 570.54 Application for issuance of requisition; by whom made;

contents.

1. When the return to this state of a person charged with crime in
this state is required, the district attorney of the county in which the
offense was committed, or, if the offense is one which is cognizable by
him or her, the attorney general shall present to the governor his or
her written application for a requisition for the return of the person
charged, in which application shall be stated the name of the person so
charged, the crime charged against him or her, the approximate time,
place and circumstances of its commission, the state in which he or she
is believed to be, including the location of the accused therein at the
time the application is made and certifying that, in the opinion of the
said district attorney or attorney general the ends of justice require
the arrest and return of the accused to this state for trial and that
the proceeding is not instituted to enforce a private claim.

2. When there is required the return to this state of a person who has
been convicted of a crime in this state and has escaped from confinement
or broken the terms of his or her bail, probation or parole, the
district attorney of the county in which the offense was committed, the
warden of the institution or sheriff of the county, from which escape
was made, or the commissioner of the state department of corrections and
community supervision or his or her designee shall present to the
governor a written application for a requisition for the return of such
person, in which application shall be stated the name of the person, the
crime of which he or she was convicted, the circumstances of his or her
escape from confinement or of the breach of the terms of his or her
bail, probation or parole, the state in which he or she is believed to
be, including the location of the person therein at the time the
application is made.

3. The application shall be verified by affidavit, shall be executed
in duplicate and shall be accompanied by two certified copies of the
accusatory instrument stating the offense with which the accused is
charged, or of the judgment of conviction or of the sentence. The
district attorney, attorney general, warden, sheriff or the commissioner
of the state department of corrections and community supervision or his
or her designee may also attach such further affidavits and other
documents in duplicate as he or she shall deem proper to be submitted
with such application. One copy of the application, with the action of
the governor indicated by endorsement thereon, and one of the certified
copies of the accusatory instrument, or of the judgment of conviction or
the sentence shall be filed in the office of the secretary of state to
remain of record in that office. The other copies of all papers shall be
forwarded with the governor's requisition.