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Criminal Procedure Law

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Article 590 - NY Criminal Procedure Law

SECURING ATTENDANCE OF DEFENDANTS WHO ARE OUTSIDE THE UNITED STATES

Section Description
590.10Securing attendance of defendants who are outside the United States.
S 590.10 Securing attendance of defendants who are outside
               the United States.
  1.  When a criminal action for an offense committed in this state is
pending in a criminal court of this state against a defendant who is in
a foreign country with which the United States has an extradition
treaty, and when the accusatory instrument charges an offense which is
declared in such treaty to be an extraditable one, the district attorney
of the county in which such offense was allegedly committed may make an
application to the Governor, requesting him to make an application to
the President of the United States to institute extradition proceedings
for the return of the defendant to this country and state for the
purpose of prosecution of such action.  The district attorney`s
application must comply with rules, regulations and guidelines
established by the Governor for such applications and must be
accompanied by all the accusatory instruments, affidavits and other
documents required by such rules, regulations and guidelines.
  2.  Upon receipt of the district attorney`s application, the Governor,
if satisfied that the defendant is in the foreign country in question,
that the offense charged is an extraditable one pursuant to the treaty
in question, and that there are no factors or impediments which in law
preclude such an extradition, may in his discretion make an application,
addressed to the secretary of state of the United States, requesting
that the President of the United States institute extradition
proceedings for the return of the defendant from such foreign country.
The Governor`s application must comply with rules, regulations and
guidelines established by the secretary of state for such applications
and must be accompanied by all the accusatory instruments, affidavits
and other documents required by such rules, regulations and guidelines.
  3.  If the Governor`s application is granted and the extradition is
achieved or attempted, all expenses incurred therein must be borne by
the county from which the application emanated.
  4.  The provisions of this section apply equally to extradition or
attempted extradition of a person who is a fugitive following the entry
of a judgment of conviction against him in a criminal court of this
state.

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