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Article 570 - NY Criminal Procedure Law

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
570.02 Short title.
570.04 Definitions.
570.06 Fugitives from justice; duty of governor.
570.08 Demand; form.
570.10 Investigation by governor.
570.12 Extradition of persons imprisoned or awaiting trial in
             another state.
570.14 Extradition of persons who left the demanding state under compulsion.
570.16 Extradition of persons not present in demanding state at
             time of commission of crime.
570.18 Issuance of warrant of arrest by governor; recitals therein.
570.20 Execution of warrant; manner and place thereof.
570.22 Authority of arresting officer.
570.24 Rights of accused person; application for writ of habeas corpus.
570.26 Noncompliance with preceding section; penalties for violation.
570.28 Confinement of the accused in jail when necessary.
570.30 Confinement of extradited persons passing through this state.
570.32 Arrest of accused before making of requisition.
570.34 Arrest of accused without warrant therefor.
570.36 Commitment to await requisition; bail.
570.38 Bail; in what cases; conditions of bond.
570.40 Extension of time of commitment; adjournment.
570.42 Bail; when forfeited.
570.44 Persons under criminal prosecution in this state at time
             of requisition.
570.46 Guilt or innocence of accused; when inquired into.
570.48 Alias warrant of arrest.
570.50 Written waiver of extradition proceedings.
570.52 Fugitives from this state; duty of governor.
570.54 Application for issuance of requisition; by whom made; contents.
570.56 Expense of extradition.
570.58 Immunity from service of process in certain civil actions.
570.60 No immunity from other criminal prosecution while in this state.
570.62 Non-waiver by this state.
570.64 Interpretation.
570.66 Constitutionality.

S 570.02 Short title.
  This article may be cited and referred to as the uniform criminal
extradition act.

S 570.04 Definitions.
  As used in this article, the following terms have the following
meanings:
  1.  "Governor" includes any person performing the functions of
governor by authority of the law of this state.
  2.  "Executive authority" includes the governor, and any person
performing the functions of governor in a state other than this state.
  3.  "State," when referring to a state other than this state, includes
any other state or territory, organized or unorganized, of the United
States of America.

S 570.06  Fugitives from justice; duty of governor.
  Subject to the provisions of this article, the provisions of the
constitution of the United States controlling, and any and all acts of
congress enacted in pursuance thereof, it is the duty of the governor of
this state to have arrested and delivered up to the executive authority
of any other state of the United States any person charged in that state
with treason, felony, or other crime, who has fled from justice and is
found in this state.

S 570.08 Demand; form.
  No demand for the extradition of a person charged with crime in
another state shall be recognized by the governor unless in writing
alleging that the accused was present in the demanding state at the time
of the commission of the alleged crime, and that thereafter he fled from
the state, except in cases arising under section 570.14 or 570.16, and
accompanied by a copy of an indictment found or by information supported
by an affidavit in the state having jurisdiction of the crime, or by a
copy of an affidavit made before a magistrate there, together with a
copy of any warrant which was issued thereon, or by a copy of a judgment
of conviction or of a sentence imposed in execution thereof, together
with a statement by the executive authority of the demanding state that
the person claimed has escaped from confinement or has broken the terms
of his bail, probation or parole.  The indictment, information or
affidavit made before the magistrate must substantially charge the
person demanded with having committed a crime under the law of that
state; and the copy of the indictment, information, affidavit, judgment
of conviction or sentence must be authenticated by the executive
authority making the demand.

S 570.10 Investigation by governor.
  When a demand shall be made upon the governor of this state by the
executive authority of another state for the surrender of a person so
charged with crime, the governor may call upon the attorney general or
any district attorney in this state to investigate or assist in
investigating the demand, and to report to him the situation and
circumstances of the person so demanded, and whether he ought to be
surrendered.

S 570.12 Extradition of persons imprisoned or awaiting trial
               in another state.
  When it is desired to have returned to this state a person charged in
this state with a crime and such person is imprisoned or is held under
criminal proceedings then pending against him in another state, the
governor of this state may agree with the executive authority of such
other state for the extradition of such person before the conclusion of
his term of sentence in such other state, upon condition that such
person be returned to such other state at the expense of this state as
soon as the prosecution in this state is terminated.

S 570.14 Extradition of persons who left the demanding state
               under compulsion.
  The governor of this state may also surrender, on demand of the
executive authority of any other state, any person in this state who is
charged in the manner provided in section 570.08 with having violated
the laws of the state whose executive authority is making the demand,
even though such person left the demanding state involuntarily.

S 570.16 Extradition of persons not present in demanding state at
               time of commission of crime.
  The governor of this state may also surrender, on demand of the
executive authority of any other state, any person in this state charged
in such other state in the manner provided in section 570.08 with
committing an act in this state or in a third state, intentionally
resulting in a crime in the state whose executive authority is making
the demand, when the acts for which extradition is sought would be
punishable by the laws of this state, if the consequences claimed to
have resulted therefrom in the demanding state had taken effect in this
state; and the provisions of this article not otherwise inconsistent,
shall apply to such cases, even though the accused was not in that state
at the time of the commission of the crime, and has not fled therefrom;
provided, however, that the governor of this state may, in his
discretion, make any such surrender conditional upon agreement by the
executive authority of the demanding state, that the person so
surrendered will be held to answer no criminal charges of any nature
except those set forth in the requisition upon which such person is so
surrendered, at least until such person has been given reasonable
opportunity to return to this state after his acquittal, if he shall be
acquitted, or if he shall be convicted, after he shall be released from
confinement.  Nothing in this section shall apply to the crime of libel.

S 570.18 Issuance of warrant of arrest by governor; recitals therein.
  If the governor decides that the demand should be complied with, he
shall sign a warrant of arrest, which shall be sealed with the state
seal, and be directed to any police officer or other person whom he may
think fit to entrust with the execution thereof.  The warrant must
substantially recite the facts necessary to the validity of its
issuance.

S 570.20 Execution of warrant; manner and place thereof.
  Such warrant shall authorize the police officer or other person to
whom directed to arrest the accused at any time and any place where he
may be found within the state and to command the aid of all police
officers or other persons in the execution of the warrant, and to
deliver the accused, subject to the provisions of this article to the
duly authorized agent of the demanding state.

S 570.22 Authority of arresting officer.
  Every such police officer or other person empowered to make the
arrest, shall have the same authority, in arresting the accused to
command assistance therein, as police officers have by law in the
execution of any criminal process directed to them, with like penalties
against those who refuse their assistance.

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

S 570.26 Noncompliance with preceding section; penalties for violation.
  Any officer who shall deliver to the agent for extradition of the
demanding state a person in his custody under the governor`s warrant, in
disobedience of the preceding section, shall be guilty of a felony.

S 570.28 Confinement of the accused in jail when necessary.
  The officer or persons executing the governor`s warrant of arrest, or
the agent of the demanding state to whom the prisoner may have been
delivered may, when necessary, confine the prisoner in the jail of any
county or city through which he may pass; and the keeper of such jail
must receive and safely keep the prisoner until the officer or person
having charge of him is ready to proceed on his route, such officer or
person, however, being chargeable with the expense of keeping.

S 570.30 Confinement of extradited persons passing through this state.
  The officer or agent of a demanding state to whom a prisoner may have
been delivered following extradition proceedings in another state, or to
whom a prisoner may have been delivered after waiving extradition in
such other state, and who is passing through this state with such a
prisoner for the purpose of immediately returning such prisoner to the
demanding state may, when necessary, confine the prisoner in the jail of
any county or city through which he may pass; and the keeper of such
jail must receive and safely keep the prisoner until the officer or
agent having charge of him is ready to proceed on his route, such
officer or agent, however, being chargeable with the expense of keeping,
provided, however, that such officer or agent shall produce and show to
the keeper of such jail satisfactory written evidence of the fact that
he is actually transporting such prisoner to the demanding state after a
requisition by the executive authority of such demanding state or waiver
thereof.  Such person shall not be entitled to demand a new requisition
while in this state.

S 570.32 Arrest of accused before making of requisition.
  Whenever any person within this state shall be charged on the oath of
any credible person before any local criminal court of this state with
the commission of any crime in any other state and, except in cases
arising under section 570.14 or 570.16, with having fled from justice,
or, with having been convicted of a crime in that state and having
escaped from confinement, or having broken the terms of his bail,
probation or parole, or, whenever complaint shall have been made before
any local criminal court in this state setting forth on the affidavit of
any credible person in another state that a crime has been committed in
such other state and that the accused has been charged in such other
state with the commission of the crime, and, except in cases arising
under section 570.14 or 570.16, has fled from justice, or with having
been convicted of a crime in that state and having escaped from
confinement or having broken the terms of his bail, probation or parole
and is believed to be in this state, the local criminal court shall
issue a warrant directed to any police officer directing him to
apprehend the person named therein, wherever he may be found in this
state, and to bring him before the same or any other local criminal
court which may be available in or convenient of access to the place
where the arrest may be made, to answer the charge or complaint and
affidavit, and a certified copy of the sworn charge or complaint and
affidavit upon which the warrant is issued shall be attached to such
warrant.

S 570.34 Arrest of accused without warrant therefor.
  The arrest of a person in this state may be lawfully made also by any
police officer or a private person, without a warrant, upon reasonable
information that the accused stands charged in the courts of another
state with a crime punishable by death or imprisonment for a term
exceeding one year; but when so arrested the accused must be taken
before a local criminal court with all practicable speed and complaint
must be made against him under oath setting forth the ground for the
arrest as in the preceding section; and, thereafter, his answers shall
be heard as if he had been arrested on a warrant.

S 570.36 Commitment to await requisition; bail.
  If from the examination before the local criminal court it appears
that the person held is the person charged with having committed the
crime alleged, and, except in cases arising under section 570.14 or
570.16, that he has fled from justice, the local criminal court must, by
a warrant reciting the accusation, commit him to the county jail for
such a time not exceeding thirty days and specified in the warrant, as
will enable the arrest of the accused to be made under a warrant of the
governor on a requisition of the executive authority of the state having
jurisdiction of the offense, unless the accused gives bail as provided
in the next section, or until he shall be legally discharged.

S 570.38 Bail; in what cases; conditions of bond.
  Unless the offense with which the prisoner is charged is shown to be
an offense punishable by death or life imprisonment under the laws of
the state in which it was committed, a justice of the supreme court or
county judge in this state may admit the person arrested to bail by bond
or undertaking, with sufficient sureties, and in such sum as he deems
proper, conditioned for his appearance before him at a time specified in
such bond or undertaking but not later than thirty days after the
examination referred to in section 570.36 and for his surrender, to be
arrested upon the warrant of the governor of this state.

S 570.40 Extension of time of commitment; adjournment.
  If the accused is not arrested under warrant of the governor by the
expiration of the time specified in the warrant, bond or undertaking, a
local criminal court may discharge him or may recommit him for a further
period of sixty days, or for further periods not to exceed in the
aggregate sixty days, or a supreme court justice or county judge may
again take bail for his appearance and surrender, as provided in section
570.38 but within a period not to exceed sixty days after the date of
such new bond or undertaking.

S 570.42 Bail; when forfeited.
  If the prisoner is admitted to bail, and fails to appear and surrender
himself according to the conditions of his bond or undertaking, the
justice of the supreme court or county judge, by proper order, shall
declare the bond forfeited and order his immediate arrest without
warrant if he be within this state.  Recovery may be had on such bond or
undertaking in the name of the state as in the case of other bonds or
undertakings given by the accused in criminal proceedings within this
state.

S 570.44 Persons under criminal prosecution in this state at time
               of requisition.
  If a criminal prosecution has been instituted against such person
under the laws of this state and is still pending, the governor, in his
discretion, may either surrender him on demand of the executive
authority of another state or hold him until he has been tried and
discharged or convicted and punished in this state.

S 570.46 Guilt or innocence of accused; when inquired into.
  The guilt or innocence of the accused as to the crime with which he is
charged may not be inquired into by the governor, or in any proceeding
after the demand for extradition accompanied by a charge of crime in
legal form as above provided shall have been presented to the governor,
except as it may be involved in identifying the person held as the
person charged with the crime.

S 570.48 Alias warrant of arrest.
  The governor may recall his warrant of arrest or may issue another
warrant whenever he deems proper.

S 570.50 Written waiver of extradition proceedings.
  Any person arrested in this state charged with having committed any
crime in another state or alleged to have escaped from confinement, or
broken the terms of his bail, probation or parole, may waive the
issuance and service of the warrant provided for in sections 570.18 and
570.20 and all other procedure incidental to extradition proceedings by
executing or subscribing in the presence of a judge of any court of
record within this state a writing which states that he consents to
return to the demanding state, provided, however, that before such
waiver shall be executed or subscribed by such person it shall be the
duty of such judge to inform such person of his rights to the issuance
and service of a warrant of extradition and to obtain a writ of habeas
corpus as provided for in section 570.24.
  If and when such consent has been duly executed it shall forthwith be
forwarded to the office of the secretary of state of this state and
filed therein.  The judge shall direct the officer having such person in
custody to deliver forthwith such person to the duly accredited agent or
agents of the demanding state, and shall deliver or cause to be
delivered to such agent or agents a copy of such consent.  Provided,
however, that nothing in this section shall be deemed to limit the
rights of the accused person to return voluntarily and without formality
to the demanding state, nor shall this waiver procedure be deemed to be
an exclusive procedure or to limit the powers, rights or duties of the
officers of the demanding state or of this state.

S 570.52 Fugitives from this state; duty of governor.
  Whenever the governor of this state shall demand a person charged with
crime or with escaping from confinement or breaking the terms of his
bail, probation or parole in this state from the executive authority of
any other state, or from the chief justice or an associate justice of
the supreme court of the  District of Columbia authorized to receive
such demand under the laws of the  United States, he shall issue a
warrant under the seal of this state to some agent commanding him to
receive the person so charged, if delivered to him, and convey him to
the proper officer of the county in this state in which the offense was
committed.

S 570.54 Application for issuance of requisition; by whom made; contents.
  1.  When the return to this state of a person charged with crime in
this state is required, the district attorney of the county in which the
offense was committed, or, if the offense is one which is cognizable by
him, the attorney general shall present to the governor his written
application for a requisition for the return of the person charged, in
which application shall be stated the name of the person so charged, the
crime charged against him, the approximate time, place and circumstances
of its commission, the state in which he is believed to be, including
the location of the accused therein at the time the application is made
and certifying that, in the opinion of the said district attorney or
attorney general the ends of justice require the arrest and return of
the accused to this state for trial and that the proceeding is not
instituted to enforce a private claim.
  2.  When there is required the return to this state of a person who
has been convicted of a crime in this state and has escaped from
confinement or broken the terms of his bail, probation or parole, the
district attorney of the county in which the offense was committed, the
parole board, or the warden of the institution or sheriff of the county,
from which escape was made, or the commissioner of the state department
of correctional services or his designee shall present to the governor a
written application for a requisition for the return of such person, in
which application shall be stated the name of the person, the crime of
which he was convicted, the circumstances of his escape from confinement
or of the breach of the terms of his bail, probation or parole, the
state in which he is believed to be, including the location of the
person therein at the time the application is made.
  3.  The application shall be verified by affidavit, shall be executed
in duplicate and shall be accompanied by two certified copies of the
accusatory instrument stating the offense with which the accused is
charged, or of the judgment of conviction or of the sentence.  The
district attorney, attorney general, parole board, warden, sheriff or
the commissioner of the state department of correctional services or his
designee may also attach such further affidavits and other documents in
duplicate as he shall deem proper to be submitted with such application.
One copy of the application, with the action of the governor indicated
by endorsement thereon, and one of the certified copies of the
accusatory instrument, or of the judgment of conviction or the sentence
shall be filed in the office of the secretary of state to remain of
record in that office.  The other copies of all papers shall be
forwarded with the governor`s requisition.

S 570.56 Expense of extradition.
  The expenses of extradition must be borne by the county from which the
application for a requisition comes or, where the application is made by
the attorney general, by the county in which the offense was committed.
In the case of extradition of a person who has been convicted of a crime
in this state and has escaped from a state prison or reformatory, the
expense of extradition shall be borne by the department of correctional
services.  Where a person has broken the terms of his parole from a
state prison or reformatory, the expense of extradition shall be borne
by the state division of parole. Where a person has broken the terms of
his bail or probation, the expense of extradition shall be borne by the
county.  Where a person has been convicted but not yet confined to a
prison, or has been sentenced for a felony to a county jail or
penitentiary and escapes, the expenses of extradition shall be charged
to the county from whose custody the escape is effected. Nothing in this
section shall preclude a county, the department of correctional services
or the state division of parole, as the case may be, from collecting the
expenses involved in extradition from the person who was extradited.

S 570.58 Immunity from service of process in certain civil actions.
  A person brought into this state on or after waiver of extradition
based on a criminal charge shall not be subject to service of personal
process in civil actions arising out of the same facts as the criminal
proceeding to answer which he is being or has been returned until he has
been convicted in the criminal proceeding, or if acquitted, until he has
had reasonable opportunity to return to the state from which he was
extradicted.

S 570.60 No immunity from other criminal prosecution while in this state.
  After a person has been brought back to this state by extradition
proceedings, he may be tried in this state for other offenses which he
may be charged with having committed here as well as that specified in
the requisition for his extradition.

S 570.62 Non-waiver by this state.
  Nothing in this article contained shall be deemed to constitute a
waiver by this state of its right, power or privilege to try such
demanded person for offenses committed within this state, or of its
right, power or privilege to regain custody of such person by
extradition proceedings or otherwise for the purpose of trial, sentence
or punishment for any offense committed within this state, nor shall any
proceedings had under this article which result in, or fail to result
in, extradition be deemed a waiver by this state of any of its rights,
privileges or jurisdiction in any way whatsoever.

S 570.64 Interpretation.
  The provisions of this article shall be so interpreted and construed
as to effectuate its general purposes to make uniform the law of those
states which enact it.

S 570.66 Constitutionality.
  If any part of this article is for any reason declared void, such
invalidity shall not affect the validity of the remaining portions
thereof.

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