§ 210.10 — Requirement of and methods of securing defendant's appearance for arraignment upon indictment

New York § 210.10

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title I: Preliminary Proceedings In Superior Court
• Part 2: The Principal Proceedings
• Art. 210: Proceedings In Superior Court From Filing of Indictment to Plea

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§ 210.10 Requirement of and methods of securing defendant's appearance\n for arraignment upon indictment.\n After an indictment has been filed with a superior court, the\ndefendant must be arraigned thereon. He must appear personally at such\narraignment, and his appearance may be secured as follows: 1. If the\ndefendant was previously held by a local criminal court for the action\nof the grand jury, and if he is confined in the custody of the sheriff\npursuant to a previous court order issued in the same criminal action,\nthe superior court must direct the sheriff to produce the defendant for\narraignment on a specified date and the sheriff must comply with such\ndirection. The court must give at least two days notice of the time and\nplace of the arraignment to an attorney, if any, who has previously\nfiled a notice of appearance in behalf of the defendant with such\nsuperior court, or if no such notice of appearance has been filed, to an\nattorney, if any, who filed a notice of appearance in behalf of the\ndefendant with the local criminal court.\n 2. If a felony complaint against the defendant was pending in a local\ncriminal court or if the defendant was previously held by a local\ncriminal court for the action of the grand jury, and if the defendant is\nat liberty on his or her own recognizance or on bail pursuant to a\nprevious court order issued in the same criminal action, the superior\ncourt must, upon at least two days notice to the defendant and his or\nher surety, to any person other than the defendant who posted cash bail\nand to any attorney who would be entitled to notice under circumstances\nprescribed in subdivision one, direct the defendant to appear before the\nsuperior court for arraignment on a specified date. If the defendant\nfails to appear on such date, the court may issue a bench warrant and,\nin addition, may forfeit the bail, if any. Upon taking the defendant\ninto custody pursuant to such bench warrant, the executing police\nofficer must without unnecessary delay bring the defendant before such\nsuperior court for arraignment. If such superior court is not available,\nthe executing police officer may bring the defendant to the local\ncorrectional facility of the county in which such superior court sits,\nto be detained there until not later than the commencement of the next\nsession of such court occurring on the next business day.\n 3. If the defendant has not previously been held by a local criminal\ncourt for the action of the grand jury and the filing of the indictment\nconstituted the commencement of the criminal action, the superior court\nmust order the indictment to be filed as a sealed instrument until the\ndefendant is produced or appears for arraignment, and must issue a\nsuperior court warrant of arrest. Upon the request of the district\nattorney, in lieu of a superior court warrant of arrest, the court may\nissue a summons if it is satisfied that the defendant will respond\nthereto. Upon the request of the district attorney, in lieu of a warrant\nof arrest or summons, the court may instead authorize the district\nattorney to direct the defendant to appear for arraignment on a\ndesignated date if it is satisfied that the defendant will so appear. A\nsuperior court warrant of arrest is executable anywhere in the state.\nSuch warrant may be addressed to any police officer whose geographical\narea of employment embraces either the place where the offense charged\nwas allegedly committed or the locality of the court by which the\nwarrant is issued. It must be executed in the same manner as an\nordinary warrant of arrest, as provided in section 120.80, and following\nthe arrest the executing police officer must without unnecessary delay\nperform all recording, fingerprinting, photographing and other\npreliminary police duties required in the particular case, and bring the\ndefendant before the superior court. If such superior court is not\navailable, the executing police officer may bring the defendant to the\nlocal correctional facility of the county in which such superior court\nsits, to be detained there until not later than the commencement of the\nnext session of such court occurring on the next business day.\n 4. A superior court warrant of arrest may be executed by (a) any\npolice officer to whom it is addressed or (b) any other police officer\ndelegated to execute it under circumstances prescribed in subdivisions\nfive and six.\n 5. The issuing court may authorize the delegation of such warrant.\nWhere the issuing court has so authorized, a police officer to whom a\nsuperior court warrant of arrest is addressed may delegate another\npolice officer to whom it is not addressed to execute such warrant as\nhis agent when:\n (a) He has reasonable cause to believe that the defendant is in a\nparticular county other than the one in which the warrant is returnable;\nand\n (b) The geographical area of employment of the delegated police\nofficer embraces the locality where the arrest is to be made.\n 6. Under circumstances specified in subdivision five, the police\nofficer to whom the warrant is addressed may inform the delegated\nofficer, by telecommunication, mail or any other means, of the issuance\nof the warrant, of the offense charged in the underlying accusatory\ninstrument and of all other pertinent details, and may request such\nofficer to act as his or her agent in arresting the defendant pursuant\nto such warrant. Upon such request, the delegated police officer is to\nthe same extent as the delegating officer, authorized to make such\narrest pursuant to the warrant within the geographical area of such\ndelegated officer's employment. Upon so arresting the defendant, he or\nshe must without unnecessary delay deliver the defendant or cause the\ndefendant to be delivered to the custody of the police officer by whom\nhe or she was so delegated, and the latter must then without unnecessary\ndelay bring the defendant before a court in which such warrant is\nreturnable. If such court is not available, the delegating officer may\nbring the defendant to the local correctional facility of the county in\nwhich such court sits, to be detained there until not later than the\ncommencement of the next session of such court occurring on the next\nbusiness day.\n