New York Laws

Laws of New York - This site contains the full online searchable text of the New York Alcoholic Beverage Control Law, the New York Criminal Procedure Law, the New York Penal Law and the New York Vehicle & Traffic Law. This section contains the Criminal Procedure Law.

Article 140 - NY Criminal Procedure Law

ARREST WITHOUT A WARRANT
140.05 Arrest without a warrant; in general.
140.10 Arrest without a warrant; by police officer; when and
             where authorized.
140.15 Arrest without a warrant; when and how made by police officer.
140.20 Arrest without a warrant; procedure after arrest by
             police officer.
140.25 Arrest without a warrant; by peace officer.
140.27 Arrest without a warrant; when and how made;  procedure
             after arrest by peace officer.
140.30 Arrest without a warrant; by any person; when and where authorized.
140.35 Arrest without a warrant; by person acting other than  as
             a police officer or a peace officer; when and how made.
140.40 Arrest without a warrant; by person acting other than as
             a police officer or a peace officer; procedure after arrest.
140.45 Arrest without a warrant; dismissal of insufficient local
             criminal court accusatory instrument.
140.50 Temporary questioning of persons in public places; search
             for weapons.
140.55 Arrest without a warrant; by peace officers of other states
             for offense committed outside state;uniform close pursuit act.

S 140.05 Arrest without a warrant; in general.
  A person who has committed or is believed to have committed an offense
and who is at liberty within the state may, under circumstances
prescribed in this article, be arrested for such offense although no
warrant of arrest therefor has been issued and although no criminal
action therefor has yet been commenced in any criminal court.

S 140.10 Arrest without a warrant; by police officer; when and where authorized.
  1.  Subject to the provisions of subdivision two, a police officer may
arrest a person for:
  (a)  Any  offense  when he or she has reasonable cause to believe that
  such person has committed such offense in his or her presence; and
    (b) A crime when he or she has reasonable cause to believe  that  such
  person  has  committed  such  crime,  whether  in his or her presence or
  otherwise.
    2. A police officer may arrest a person for a petty offense,  pursuant
  to subdivision one, only when:
    (a)  Such offense was committed or believed by him or her to have been
  committed  within  the  geographical  area  of  such  police   officer's
  employment or within one hundred yards of such geographical area; and
    (b)  Such  arrest  is  made  in  the  county in which such offense was
  committed or believed to have been committed or in an adjoining  county;
  except  that  the  police  officer  may follow such person in continuous
  close pursuit, commencing either in the county in which the offense  was
  or  is believed to have been committed or in an adjoining county, in and
  through any county of the state, and may arrest him or her in any county
  in which he or she apprehends him or her.
    3. A police officer may arrest a  person  for  a  crime,  pursuant  to
  subdivision  one,  whether  or  not  such crime was committed within the
  geographical area of such police officer's employment, and he or she may
  make such arrest within the  state,  regardless  of  the  situs  of  the
  commission  of  the  crime.  In  addition,  he or she may, if necessary,
  pursue such person outside the state and may arrest him or  her  in  any
  state  the  laws  of  which  contain  provisions  equivalent to those of
  section 140.55.
    * 4. Notwithstanding any other provisions of this  section,  a  police
  officer  shall  arrest  a person, and shall not attempt to reconcile the
  parties or mediate, where such officer has reasonable cause  to  believe
  that:
    (a)  a  felony,  other  than  subdivision  three, four, nine or ten of
  section 155.30 of the penal law,  has  been  committed  by  such  person
  against  a member of the same family or household, as member of the same
  family or household is defined in subdivision one of section  530.11  of
  this chapter; or
    (b)  a  duly served order of protection or special order of conditions
  issued pursuant  to  subparagraph  (i)  or  (ii)  of  paragraph  (o)  of
  subdivision  one  of  section 330.20 of this chapter is in effect, or an
  order of which the respondent or defendant has actual knowledge  because
  he  or  she  was  present in court when such order was issued, where the
  order appears to have been issued by a court of  competent  jurisdiction
  of this or another state, territorial or tribal jurisdiction; and
    (i) Such order directs that the respondent or defendant stay away from
  persons  on  whose  behalf  the  order of protection or special order of
  conditions has been issued and the respondent or defendant committed  an
  act or acts in violation of such "stay away" provision of such order; or
    (ii)  The  respondent or defendant commits a family offense as defined
  in subdivision one of section eight hundred twelve of the  family  court
  act or subdivision one of section 530.11 of this chapter in violation of
  such order of protection or special order of conditions.
    The  provisions  of  this  subdivision  shall  apply only to orders of
  protection issued pursuant to sections two hundred forty and two hundred
  fifty-two of the domestic relations law, articles four,  five,  six  and
  eight  of  the  family  court  act  and  section 530.12 of this chapter,
  special orders of conditions issued pursuant to subparagraph (i) or (ii)
  of paragraph (o) of subdivision one of section 330.20  of  this  chapter
  insofar  as  they  involve  a  victim or victims of domestic violence as
  defined by subdivision one of section four hundred fifty-nine-a  of  the
  social  services  law  or  a  designated  witness  or  witnesses to such
  domestic violence, and to orders  of  protection  issued  by  courts  of
  competent   jurisdiction   in   another  state,  territorial  or  tribal
  jurisdiction. In determining whether reasonable cause exists to make  an
  arrest  for  a violation of an order issued by a court of another state,
  territorial or tribal jurisdiction, the officer  shall  consider,  among
  other  factors,  whether the order, if available, appears to be valid on
  its face or whether a record  of  the  order  exists  on  the  statewide
  registry  of  orders  of protection and warrants established pursuant to
  section two hundred twenty-one-a of the executive law or the  protection
  order   file  maintained  by  the  national  crime  information  center;
  provided, however, that entry of the  order  of  protection  or  special
  order  of  conditions  into  the  statewide  registry  or  the  national
  protection order file shall not  be  required  for  enforcement  of  the
  order.  When  a special order of conditions is in effect and a defendant
  or respondent has been taken into custody pursuant  to  this  paragraph,
  nothing  contained  in  this paragraph shall restrict or impair a police
  officer from acting pursuant to section 9.41 of the mental hygiene  law;
  or
    (c)  a  misdemeanor  constituting  a  family  offense, as described in
  subdivision one of section 530.11 of  this  chapter  and  section  eight
  hundred  twelve  of  the  family  court  act, has been committed by such
  person against such  family  or  household  member,  unless  the  victim
  requests  otherwise. The officer shall neither inquire as to whether the
  victim seeks an arrest of such person nor threaten  the  arrest  of  any
  person for the purpose of discouraging requests for police intervention.
  Notwithstanding  the  foregoing, when an officer has reasonable cause to
  believe that more than one family or household member has committed such
  a misdemeanor, the officer is not required to arrest each  such  person.
  In  such circumstances, the officer shall attempt to identify and arrest
  the primary physical aggressor after considering:  (i)  the  comparative
  extent  of  any  injuries  inflicted  by  and  between the parties; (ii)
  whether any such person is threatening or  has  threatened  future  harm
  against  another  party  or  another  family  or household member; (iii)
  whether any such person has a prior history of  domestic  violence  that
  the  officer  can reasonably ascertain; and (iv) whether any such person
  acted defensively to protect himself or herself from injury. The officer
  shall evaluate each complaint separately to determine who is the primary
  physical aggressor and shall not base the decision to arrest or  not  to
  arrest   on  the  willingness  of  a  person  to  testify  or  otherwise
  participate in a judicial proceeding.
    Nothing contained in this subdivision shall be deemed to  (a)  require
  the  arrest  of  any  person  when  the  officer reasonably believes the
  person's conduct is justifiable under article thirty-five of title C  of
  the  penal  law;  or  (b)  restrict  or  impair  the  authority  of  any
  municipality, political subdivision, or the  division  of  state  police
  from  promulgating  rules, regulations and policies requiring the arrest
  of persons in  additional  circumstances  where  domestic  violence  has
  allegedly occurred.
    No  cause  of action for damages shall arise in favor of any person by
  reason of  any  arrest  made  by  a  police  officer  pursuant  to  this
  subdivision,  except  as  provided in sections seventeen and eighteen of
  the public officers law  and  sections  fifty-k,  fifty-l,  fifty-m  and
  fifty-n of the general municipal law, as appropriate.
    * NB Repealed September 1, 2015
    5.  Upon  investigating a report of a crime or offense between members
  of the same family or household as such terms  are  defined  in  section
  530.11  of  this  chapter and section eight hundred twelve of the family
  court act, a law enforcement officer shall prepare and  file  a  written
  report  of the incident, on a form promulgated pursuant to section eight
  hundred thirty-seven of the executive law, including statements made  by
  the  victim  and  by  any  witnesses,  and  make  any additional reports
  required by local law enforcement policy  or  regulations.  Such  report
  shall  be  prepared  and  filed,  whether  or not an arrest is made as a
  result of the officers' investigation, and shall be retained by the  law
  enforcement  agency  for a period of not less than four years. Where the
  reported incident involved an offense committed against a person who  is
  sixty-five  years  of age or older a copy of the report required by this
  subdivision shall be sent to  the  New  York  state  committee  for  the
  coordination  of police services to elderly persons established pursuant
  to section eight hundred forty-four-b of the executive  law.  Where  the
  reported  incident  involved an offense committed by an individual known
  by  the  law  enforcement  officer  to  be  under  probation  or  parole
  supervision,  he  or  she shall transmit a copy of the report as soon as
  practicable to the supervising probation department or the department of
  corrections and community supervision.

S 140.15 Arrest without a warrant; when and how made by police officer.
    1.    A police officer may arrest a person for an offense, pursuant to
  section 140.10, at any hour of any day or night.
    2.   The arresting police officer  must  inform  such  person  of  his
  authority  and  purpose  and  of  the  reason  for such arrest unless he
  encounters physical resistance, flight or other factors  rendering  such
  procedure impractical.
    3.    In  order  to effect such an arrest, such police officer may use
  such physical force as is justifiable pursuant to section 35.30  of  the
  penal law.
    4.    In  order  to  effect such an arrest, a police officer may enter
  premises in which he reasonably believes  such  person  to  be  present,
  under  the  same  circumstances  and  in  the  same  manner  as would be
  authorized, by the provisions of subdivisions four and five  of  section
  120.80,  if he were attempting to make such arrest pursuant to a warrant
  of arrest.

S 140.20 Arrest without a warrant; procedure after arrest by police officer.
    1. Upon arresting a person without a warrant, a police officer,  after
  performing  without  unnecessary delay all recording, fingerprinting and
  other preliminary police duties required in the  particular  case,  must
  except  as otherwise provided in this section, without unnecessary delay
  bring the arrested person or cause him to  be  brought  before  a  local
  criminal  court  and file therewith an appropriate accusatory instrument
  charging him with the offense or  offenses  in  question.  The  arrested
  person must be brought to the particular local criminal court, or to one
  of  them  if  there be more than one, designated in section 100.55 as an
  appropriate court for commencement  of  the  particular  action;  except
  that:
    (a)  If  the  arrest is for an offense other than a class A, B, C or D
  felony or a violation of section 130.25, 130.40, 205.10, 205.17,  205.19
  or  215.56  of  the  penal law committed in a town, but not in a village
  thereof having a village court, and the town court of such town  is  not
  available  at  the  time,  the arrested person may be brought before the
  local criminal court of any village within such town or,  any  adjoining
  town,  village  embraced  in whole or in part by such adjoining town, or
  city of the same county; and
    (b) If the arrest is for an offense other than a class A, B,  C  or  D
  felony  or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
  or 215.56 of the penal law committed in a village having a village court
  and such court is not available at the time, the arrested person may  be
  brought  before the town court of the town embracing such village or any
  other village court within such town, or, if such town or village  court
  is  not  available  either,  before  the  local  criminal  court  of any
  adjoining town, village embraced in whole or in part by  such  adjoining
  town, or city of the same county; and
    (c)  If the arrest is for an offense committed in a city, and the city
  court thereof is not available at the time, the arrested person  may  be
  brought  before  the  local  criminal  court  of  any  adjoining town or
  village, or village court embraced by an adjoining town, within the same
  county as such city; and
    (d) If the arrest is for a traffic infraction  or  for  a  misdemeanor
  relating  to  traffic,  the  police officer may, instead of bringing the
  arrested person  before  the  local  criminal  court  of  the  political
  subdivision  or  locality  in which the offense was allegedly committed,
  bring him before the local criminal court of  the  same  county  nearest
  available by highway travel to the point of arrest.
    2.  If  the  arrest  is for an offense other than a class A, B, C or D
  felony or a violation of section 130.25, 130.40, 205.10, 205.17,  205.19
  or  215.56  of  the  penal  law, the arrested person need not be brought
  before a local criminal court as provided in subdivision  one,  and  the
  procedure may instead be as follows:
    (a) A police officer may issue and serve an appearance ticket upon the
  arrested   person  and  release  him  from  custody,  as  prescribed  in
  subdivision two of section 150.20; or
    (b) The desk officer in charge at a police  station,  county  jail  or
  police headquarters, or any of his superior officers, may, in such place
  fix  pre-arraignment  bail and, upon deposit thereof, issue and serve an
  appearance ticket upon the arrested person and release him from custody,
  as prescribed in section 150.30.
    3. If (a) the arrest is for an offense other than a class A, B, C or D
  felony or a violation of section 130.25, 130.40, 205.10, 205.17,  205.19
  or  215.56  of the penal law, and (b) owing to unavailability of a local
  criminal court the arresting police  officer  is  unable  to  bring  the
  arrested  person  before such a court with reasonable promptness, either
  an appearance ticket must be served unconditionally  upon  the  arrested
  person   or  pre-arraignment  bail  must  be  fixed,  as  prescribed  in
  subdivision  two.  If pre-arraignment bail is fixed but not posted, such
  arrested person may be temporarily held in custody but must  be  brought
  before  a  local  criminal  court  without  unnecessary  delay.  Nothing
  contained in this subdivision requires a  police  officer  to  serve  an
  appearance ticket upon an arrested person or release him from custody at
  a  time  when  such person appears to be under the influence of alcohol,
  narcotics or other drug to the degree that he may  endanger  himself  or
  other persons.
    4. If after arresting a person, for any offense, a police officer upon
  further  investigation  or inquiry determines or is satisfied that there
  is not reasonable cause to believe that the  arrested  person  committed
  such offense or any other offense based upon the conduct in question, he
  need  not  follow  any of the procedures prescribed in subdivisions one,
  two and three, but must immediately release such person from custody.
    5. Before service of an appearance  ticket  upon  an  arrested  person
  pursuant  to  subdivision two or three, the issuing police officer must,
  if the offense designated in such appearance  ticket  is  one  of  those
  specified  in subdivision one of section 160.10, cause such person to be
  fingerprinted in the same manner as would be required were no appearance
  ticket to be issued or served.
    6. Upon arresting a juvenile offender without a  warrant,  the  police
  officer  shall  immediately  notify  the  parent or other person legally
  responsible for his care or the person with whom he is  domiciled,  that
  the  juvenile  offender  has  been  arrested,  and  the  location of the
  facility where he is being detained.
    7. Upon arresting a person, other than a juvenile  offender,  for  any
  offense  without  a  warrant,  a police officer shall, upon the arrested
  person's request, permit him or her to communicate by telephone provided
  by the law enforcement facility where the defendant is held to  a  phone
  number  located in the United States or Puerto Rico, for the purposes of
  obtaining counsel and informing a relative or friend that he or she  has
  been  arrested,  unless  granting  the  call  will compromise an ongoing
  investigation or the prosecution of the defendant.

S 140.25 Arrest without a warrant; by peace officer.
    1.  A peace officer, acting pursuant to his special duties, may arrest
  a person for:
    (a)    Any  offense  when he has reasonable cause to believe that such
  person has committed such offense in his presence; and
    (b)  A crime when he has reasonable cause to believe that such  person
  has committed such crime, whether in his presence or otherwise.
    2.  A peace officer acts "pursuant to his special duties" in making an
  arrest only when the arrest is for:
    (a)    An  offense  defined  by a statute which such peace officer, by
  reason of the specialized nature of  his  particular  employment  or  by
  express provision of law, is required or authorized to enforce; or
    (b)    An offense committed or reasonably believed by him to have been
  committed in such manner or place as to render arrest of the offender by
  such peace officer under the particular circumstances an  integral  part
  of his specialized duties.
    3.    A  peace  officer,  whether  or not he is acting pursuant to his
  special duties, may arrest a person for an offense committed or believed
  by him to have been committed within the geographical area of such peace
  officer's employment, as follows:
    (a)  He may arrest such person for any offense when such person has in
  fact committed such offense in his presence; and
    (b)  He may arrest such person for a felony  when  he  has  reasonable
  cause  to believe that such person has committed such felony, whether in
  his presence or otherwise.
    4.   A peace officer,  when  outside  the  geographical  area  of  his
  employment,  may,  anywhere  in  the state, arrest a person for a felony
  when he has reasonable cause to  believe  that  such  person  has  there
  committed such felony in his presence, provided that such arrest is made
  during or immediately after the allegedly criminal conduct or during the
  alleged perpetrator's immediate flight therefrom.
    5.    For  the  purposes  of  this  section, the "geographical area of
  employment" of a peace officer is as follows:
    (a)   The "geographical area  of  employment"  of  any  peace  officer
  employed  as  such  by  any  agency  of the state consists of the entire
  state;
    (b)   The "geographical area  of  employment"  of  any  peace  officer
  employed  as  such  by  an  agency  of  a  county, city, town or village
  consists of (i) such county, city, town or village, as the case may  be,
  and  (ii)  any  other place where he is, at a particular time, acting in
  the course of his particular duties or employment;
    (c) The  "geographical  area  of  employment"  of  any  peace  officer
  employed  as  such  by any private organization consists of any place in
  the state where he is, at a particular time, acting in the course of his
  particular duties or employment.

S 140.27 Arrest without a warrant; when and how made; procedure after
                arrest by peace officer.
    1.  The rules governing the manner in which a peace officer  may  make
  an  arrest,  pursuant to section 140.25, are the same as those governing
  arrests by police officers, as prescribed in section 140.15.
    2.  Upon arresting a person without a warrant, a peace officer, except
  as otherwise provided in subdivision  three,  must  without  unnecessary
  delay  bring  him  or  cause  him  to be brought before a local criminal
  court, as provided in section 100.55  and  subdivision  one  of  section
  140.20,  and  must  without  unnecessary delay file or cause to be filed
  therewith an appropriate accusatory instrument.  If the offense which is
  the subject of the arrest is one of those specified in  subdivision  one
  of  section  160.10,  the  arrested  person  must  be  fingerprinted and
  photographed as therein provided.   In order  to  execute  the  required
  post-arrest  functions,  such  arresting  peace officer may perform such
  functions himself or he may enlist the aid of a police officer  for  the
  performance thereof in the manner provided in subdivision one of section
  140.20.
    3.   If (a) the arrest is for an offense other than a class A, B, C or
  D felony or a violation  of  section  130.25,  130.40,  205.10,  205.17,
  205.19  or  215.56 of the penal law and (b) owing to unavailability of a
  local criminal court such peace officer is unable to bring or cause  the
  arrested  person  to  be  brought  before  such  a court with reasonable
  promptness, the arrested person must be brought to an appropriate police
  station, county jail or police headquarters where he must be dealt  with
  in  the  manner prescribed in subdivision three of section 140.20, as if
  he had been arrested by a police officer.
    4. If the arrest is for an offense other than a class A,  B,  C  or  D
  felony  or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
  or 215.56 of the penal law, the arrested  person  need  not  be  brought
  before  a  local  criminal court as provided in subdivision two, and the
  procedure may instead be as follows:
    (a) The arresting peace officer, where he is specially  authorized  by
  law  to  issue  and  serve  an appearance ticket, may issue and serve an
  appearance ticket upon the arrested person and release him from custody;
  or
    (b) The arresting peace officer, where he is not specially  authorized
  by  law to issue and serve an appearance ticket, may enlist the aid of a
  police officer  and  request  that  such  officer  issue  and  serve  an
  appearance  ticket  upon the arrested person, and upon such issuance and
  service the latter must be released from custody.
    5.  Upon arresting a juvenile offender without a  warrant,  the  peace
  officer  shall  immediately  notify  the  parent or other person legally
  responsible for his care or the person with whom he is  domiciled,  that
  the  juvenile  offender  has  been  arrested,  and  the  location of the
  facility where he is being detained.

S 140.30 Arrest without a warrant; by any person; when and where authorized.
  1.  Subject to the provisions of subdivision two, any person may
arrest another person (a) for a felony when the latter has in fact
committed such felony, and (b) for any offense when the latter has in
fact committed such offense in his presence.
  2.  Such an arrest, if for a felony, may be made anywhere in the
state.  If the arrest is for an offense other than a felony, it may be
made only in the county in which such offense was committed.

S 140.35 Arrest without a warrant; by person acting other than as
                a police officer or a peace officer; when and how made.
  1.  A person may arrest another person for an offense pursuant to
section 140.30 at any hour of any day or night.
  2.  Such person must inform the person whom he is arresting of the
reason for such arrest unless he encounters physical resistance, flight
or other factors rendering such procedure impractical.
  3.  In order to effect such an arrest, such person may use such
physical force as is justifiable pursuant to subdivision four of section
35.30 of the penal law.

S 140.40 Arrest without a warrant; by person acting other than as a 
                police officer or a peace officer; procedure after arrest.
    1.  A person making an arrest pursuant to section 140.30 must  without
  unnecessary  delay  deliver or attempt to deliver the person arrested to
  the custody of an appropriate police officer, as defined in  subdivision
  five.    For  such purpose, he may solicit the aid of any police officer
  and the latter, if he is not himself an appropriate police officer, must
  assist in delivering the arrested person to an appropriate officer.   If
  the  arrest  is  for a felony, the appropriate police officer must, upon
  receiving  custody  of  the  arrested  person,  perform  all  recording,
  fingerprinting  and  other  preliminary  police  duties  required in the
  particular case.   In any case, the  appropriate  police  officer,  upon
  receiving  custody  of the arrested person, except as otherwise provided
  in subdivisions two  and  three,  must  bring  him,  on  behalf  of  the
  arresting person, before an appropriate local criminal court, as defined
  in  subdivision  five, and the arresting person must without unnecessary
  delay file an appropriate accusatory instrument with such court.
    2. If (a) the arrest is for an offense other than a class A, B, C or D
  felony or a violation of section 130.25, 130.40, 205.10, 205.17,  205.19
  or  215.56  of  the penal law and (b) owing to unavailability of a local
  criminal court the appropriate police  officer  having  custody  of  the
  arrested  person  is  unable  to  bring  him  before  such  a court with
  reasonable promptness, the arrested person must be  dealt  with  in  the
  manner  prescribed  in subdivision three of section 140.20, as if he had
  been arrested by a police officer.
    3.  If the arrest is for an offense other than a class A, B,  C  or  D
  felony  or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
  or 215.56 of the penal law, the arrested  person  need  not  be  brought
  before  a  local criminal court, as provided in subdivision one, and the
  procedure may instead be as follows:
    (a)  An appropriate police officer may issue and serve  an  appearance
  ticket  upon  the  arrested  person  and  release  him  from custody, as
  prescribed in subdivision two of section 150.20; or
    (b)  The desk officer in charge at the  appropriate  police  officer's
  station,  county  jail  or  police  headquarters, or any of his superior
  officers, may, in such place, fix pre-arraignment bail and, upon deposit
  thereof, issue and serve an appearance ticket upon the  arrested  person
  and release him from custody, as prescribed in section 150.30.
    4.    Notwithstanding  any  other  provision of this section, a police
  officer is not required to take an arrested person into  custody  or  to
  take  any  other  action  prescribed  in  this  section on behalf of the
  arresting person if he has reasonable cause to believe that the arrested
  person did not commit  the  alleged  offense  or  that  the  arrest  was
  otherwise unauthorized.
    5.    If  a  police  officer  takes an arrested juvenile offender into
  custody, the police officer shall immediately notify the parent or other
  person legally responsible for his care or the person with  whom  he  is
  domiciled,  that  the  juvenile  offender  has  been  arrested,  and the
  location of the facility where he is being detained.
    6.  As used in this section:
    (a)  An "appropriate police officer" means one who  would  himself  be
  authorized  to  make the arrest in question as a police officer pursuant
  to section 140.10;
    (b)  An "appropriate local criminal court" means  one  with  which  an
  accusatory  instrument  charging the offense in question may properly be
  filed pursuant to the provisions of section 100.55.

S 140.45 Arrest without a warrant; dismissal of insufficient local 
                criminal court accusatory instrument.
  If a local criminal court accusatory instrument filed with a local
criminal court pursuant to section 140.20, 140.25 or 140.40 is not
sufficient on its face, as prescribed in section 100.40, and if the
court is satisfied that on the basis of the available facts or evidence
it would be impossible to draw and file an accusatory instrument which
is sufficient on its face, it must dismiss such accusatory instrument
and discharge the defendant.

S 140.50 Temporary questioning of persons in public places; search for weapons.
   1. In addition to the authority provided by this article for making an
  arrest without a warrant, a police officer may stop a person in a public
  place located within the geographical area of such officer's  employment
  when  he  reasonably  suspects  that  such  person  is  committing,  has
  committed or is about to commit either (a) a felony or (b) a misdemeanor
  defined in the penal law, and may demand of him his name, address and an
  explanation of his conduct.
    2. Any person who  is  a  peace  officer  and  who  provides  security
  services  for any court of the unified court system may stop a person in
  or about the courthouse to which  he  is  assigned  when  he  reasonably
  suspects  that  such  person is committing, has committed or is about to
  commit either (a) a felony or (b) a misdemeanor  defined  in  the  penal
  law,  and  may demand of him his name, address and an explanation of his
  conduct.
    3. When upon stopping  a  person  under  circumstances  prescribed  in
  subdivisions  one and two a police officer or court officer, as the case
  may be, reasonably suspects that he is in danger of physical injury,  he
  may search such person for a deadly weapon or any instrument, article or
  substance  readily  capable  of causing serious physical injury and of a
  sort not ordinarily carried in public places by law-abiding persons.  If
  he  finds  such a weapon or instrument, or any other property possession
  of which he reasonably believes  may  constitute  the  commission  of  a
  crime,  he  may  take  it  and  keep  it  until  the  completion  of the
  questioning, at which time  he  shall  either  return  it,  if  lawfully
  possessed, or arrest such person.
    4.  In  cities  with  a population of one million or more, information
  that establishes the personal identity of an  individual  who  has  been
  stopped, questioned and/or frisked by a police officer or peace officer,
  such  as  the  name,  address  or social security number of such person,
  shall not be recorded in a computerized or electronic database  if  that
  individual  is released without further legal action; provided, however,
  that this subdivision  shall  not  prohibit  police  officers  or  peace
  officers from including in a computerized or electronic database generic
  characteristics  of an individual, such as race and gender, who has been
  stopped, questioned and/or frisked by a police officer or peace officer.

S 140.55 Arrest without a warrant; by peace officers of other states for
              offense committed outside state; uniform close pursuit act.
    1.    As  used  in  this  section,  the word "state" shall include the
  District of Columbia.
    2.   Any peace officer of another state  of  the  United  States,  who
  enters  this  state  in close pursuit and continues within this state in
  such close pursuit of a person in order to arrest him,  shall  have  the
  same  authority  to arrest and hold in custody such person on the ground
  that he has committed a crime in another state which is  a  crime  under
  the laws of the state of New York, as police officers of this state have
  to  arrest  and  hold  in  custody  a  person  on the ground that he has
  committed a crime in this state.
    3.  If an arrest is made in this state by an officer of another  state
  in  accordance  with the provisions of subdivision two, he shall without
  unnecessary delay take the person arrested before a local criminal court
  which shall conduct a hearing for the sole purpose of determining if the
  arrest was in accordance with the provisions of subdivision two, and not
  of determining the guilt or innocence of the arrested person.   If  such
  court   determines   that   the  arrest  was  in  accordance  with  such
  subdivision, it shall commit the person arrested to the custody  of  the
  officer  making the arrest, who shall without unnecessary delay take him
  to the state from which he fled.   If such  court  determines  that  the
  arrest was unlawful, it shall discharge the person arrested.
    4.    This  section  shall not be construed so as to make unlawful any
  arrest in this state which would otherwise be lawful.
    5.  Upon the taking effect of this section it shall be the duty of the
  secretary of state to certify a copy of this section  to  the  executive
  department of each of the states of the United States.
    6.    This section shall apply only to peace officers of a state which
  by its laws has made similar provision for the  arrest  and  custody  of
  persons closely pursued within the territory thereof.
    7.  If any part of this section is for any reason declared void, it is
  declared to be the intent of this section that such invalidity shall not
  affect the validity of the remaining portions of this section.
    8.  This section may be cited as the uniform act on close pursuit.

Top of Page
Criminal Procedure Law Index | Criminal Procedure Law Search Phrases | Criminal Procedure Law Popular Articles | Search Tips
01 | 02 | 10 | 20 | 30 | 40 | 50 | 60 | 65 | 70 | 100 | 110 | 120 | 130 | 140 | 150 | 160 | 170 | 180 | 182 | 185 | 190 | 195 | 200 | 210 | 215 | 216 | 220 | 230 | 240 | 250 | 255 | 260 | 270 | 280 | 290 | 300 | 310 | 320 | 330 | 340 | 350 | 360 | 370 | 380 | 390 | 400 | 410 | 420 | 430 | 440 | 450 | 460 | 470 | 500 | 510 | 520 | 530 | 540 | 550 | 560 | 570 | 580 | 590 | 600 | 610 | 620 | 630 | 640 | 650 | 660 | 670 | 680 | 690 | 700 | 705 | 710 | 715 | 720 | 725 | 730