§ 570.24 — Rights of accused person; application for writ of habeas corpus

New York § 570.24

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title Q: Procedures For Securing Attendance At Criminal Actions and Proceedings of Defendants Not Securable By Conventional Means--and Related Matters
• Part 3: Special Proceedings and Miscellaneous Procedures
• Art. 570: Securing Attendance of Defendants Who Are Outside the State But Within the United States--rendition to Other Jurisdictions of Defendants Within the State--uniform Criminal Extradition Act

Text

§ 570.24 Rights of accused person; application for writ of habeas\n corpus.\n No person arrested upon such warrant shall be delivered over to the\nagent whom the executive authority demanding him shall have appointed to\nreceive him unless he shall first be taken forthwith before a justice or\njudge of a court of record in this state, who shall inform him of the\ndemand made for his surrender and of the crime with which he is charged,\nand that he has the right to demand and procure legal counsel; and if\nthe prisoner or his counsel shall state that he or they desire to test\nthe legality of his arrest, the justice or judge of such court of record\nshall fix a reasonable time to be allowed within which to apply for a\nwrit of habeas corpus. When such writ is applied for, notice thereof,\nand of the time and place of hearing thereon, shall be given to the\ndistrict attorney of the county in which the arrest is made and in which\nthe accused is in custody, and to the said agent of the demanding state.\n