New York § 120.80 Warrant of arrest; when and how executed

New York Statutes

§ 120.80 — Warrant of arrest; when and how executed

New York § 120.80

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 § 120.80 (Warrant of arrest; when and how executed) 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 § 120.80 (2026).

Text

§ 120.80 Warrant of arrest; when and how executed.\n  1. A warrant of arrest may be executed on any day of the week and at\nany hour of the day or night.\n  2.  Unless encountering physical resistance, flight or other factors\nrendering normal procedure impractical, the arresting police officer\nmust inform the defendant that a warrant for his arrest for the offense\ndesignated therein has been issued.  Upon request of the defendant, the\nofficer must show him the warrant if he has it in his possession. The\nofficer need not have the warrant in his possession, and, if he has not,\nhe must show it to the defendant upon request as soon after the arrest\nas possible.\n  3.  In order to effect the arrest, the police officer may use such\nphysical force as is justifiable pursuant to section 35.

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§ 120.80 Warrant of arrest; when and how executed.\n 1. A warrant of arrest may be executed on any day of the week and at\nany hour of the day or night.\n 2. Unless encountering physical resistance, flight or other factors\nrendering normal procedure impractical, the arresting police officer\nmust inform the defendant that a warrant for his arrest for the offense\ndesignated therein has been issued. Upon request of the defendant, the\nofficer must show him the warrant if he has it in his possession. The\nofficer need not have the warrant in his possession, and, if he has not,\nhe must show it to the defendant upon request as soon after the arrest\nas possible.\n 3. In order to effect the arrest, the police officer may use such\nphysical force as is justifiable pursuant to section 35.30 of the penal\nlaw.\n 4. In order to effect the arrest, the police officer may, under\ncircumstances and in the manner prescribed in this subdivision, enter\nany premises in which he reasonably believes the defendant to be\npresent; provided, however, that where the premises in which the officer\nreasonably believes the defendant to be present is the dwelling of a\nthird party who is not the subject of the arrest warrant, the officer\nshall proceed in the manner specified in article 690 of this chapter.\nBefore such entry, he must give, or make reasonable effort to give,\nnotice of his authority and purpose to an occupant thereof, unless there\nis reasonable cause to believe that the giving of such notice will:\n (a) Result in the defendant escaping or attempting to escape; or\n (b) Endanger the life or safety of the officer or another person; or\n (c) Result in the destruction, damaging or secretion of material\nevidence.\n 5. If the officer is authorized to enter premises without giving\nnotice of his authority and purpose, or if after giving such notice he\nis not admitted, he may enter such premises, and by a breaking if\nnecessary.\n