New York § 120.20 Warrant of arrest; when issuable

New York Statutes

§ 120.20 — Warrant of arrest; when issuable

New York § 120.20

JurisdictionNew York

Law CPLCriminal Procedure

Title HPreliminary Proceedings In Local Criminal Court

Part 2The Principal Proceedings

Art. 120Warrant of Arrest

This text of New York § 120.20 (Warrant of arrest; when issuable) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Criminal Procedure § 120.20 (2026).

Text

§ 120.20 Warrant of arrest; when issuable.\n  1. When a criminal action has been commenced in a local criminal court\nor youth part of the superior court by the filing therewith of an\naccusatory instrument, other than a simplified traffic information,\nagainst a defendant who has not been arraigned upon such accusatory\ninstrument and has not come under the control of the court with respect\nthereto:\n  (a) such court may, if such accusatory instrument is sufficient on its\nface, issue a warrant for such defendant's arrest; or\n  (b) if such accusatory instrument is not sufficient on its face as\nprescribed in section 100.40, and if the court is satisfied that on the\nbasis of the available facts or evidence it would be impossible to draw\nand file an accusatory instrument that is suffici

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§ 120.20 Warrant of arrest; when issuable.\n 1. When a criminal action has been commenced in a local criminal court\nor youth part of the superior court by the filing therewith of an\naccusatory instrument, other than a simplified traffic information,\nagainst a defendant who has not been arraigned upon such accusatory\ninstrument and has not come under the control of the court with respect\nthereto:\n (a) such court may, if such accusatory instrument is sufficient on its\nface, issue a warrant for such defendant's arrest; or\n (b) if such accusatory instrument is not sufficient on its face as\nprescribed in section 100.40, and if the court is satisfied that on the\nbasis of the available facts or evidence it would be impossible to draw\nand file an accusatory instrument that is sufficient on its face, the\ncourt must dismiss the accusatory instrument.\n 2. Even though such accusatory instrument is sufficient on its face,\nthe court may refuse to issue a warrant of arrest based thereon until it\nhas further satisfied itself, by inquiry or examination of witnesses,\nthat there is reasonable cause to believe that the defendant committed\nan offense charged. Upon such inquiry or examination, the court may\nexamine, under oath or otherwise, any available person whom it believes\nmay possess knowledge concerning the subject matter of the charge.\n 3. Notwithstanding the provisions of subdivision one, if a summons may\nbe issued in lieu of a warrant of arrest pursuant to section 130.20, and\nif the court is satisfied that the defendant will respond thereto, it\nmay not issue a warrant of arrest. Upon the request of the district\nattorney, in lieu of a warrant of arrest or summons, the court may\ninstead authorize the district attorney to direct the defendant to\nappear for arraignment on a designated date if it is satisfied that the\ndefendant will so appear.\n