New York State Law
Criminal Procedure Law
Consolidated Laws of New York's CPL code
Article 110 - NY Criminal Procedure Law
REQUIRING DEFENDANT`S APPEARANCE IN LOCAL CRIMINAL COURT FOR ARRAIGNMENT
| Section | Description |
|---|---|
| 110.10 | Methods of requiring defendant`s appearance in local criminal court for arraignment; in general. |
| 110.20 | Local criminal court accusatory instruments; notice thereof to district attorney. |
S 110.10 Methods of requiring defendant`s appearance in local criminal court for arraignment; in general. 1. After a criminal action has been commenced in a local criminal court by the filing of an accusatory instrument therewith, a defendant who has not been arraigned in the action and has not come under the control of the court may under certain circumstances be compelled or required to appear for arraignment upon such accusatory instrument by: (a) The issuance and execution of a warrant of arrest, as provided in article one hundred twenty; or (b) The issuance and service upon him of a summons, as provided in article one hundred thirty; or (c) Procedures provided in articles five hundred sixty, five hundred seventy, five hundred eighty, five hundred ninety and six hundred for securing attendance of defendants in criminal actions who are not at liberty within the state. 2. Although no criminal action against a person has been commenced in any court, he may under certain circumstances be compelled or required to appear in a local criminal court for arraignment upon an accusatory instrument to be filed therewith at or before the time of his appearance by: (a) An arrest made without a warrant, as provided in article one hundred forty; or (b) The issuance and service upon him of an appearance ticket, as provided in article one hundred fifty. S 110.20 Local criminal court accusatory instruments; notice thereof to district attorney. When a criminal action in which a crime is charged is commenced in a local criminal court, other than the criminal court of the city of New York, a copy of the accusatory instrument shall be promptly transmitted to the appropriate district attorney upon or prior to the arraignment of the defendant on the accusatory instrument. If a police officer or a peace officer is the complainant or the filer of a simplified information, or has arrested the defendant or brought him before the local criminal court on behalf of an arresting person pursuant to subdivision one of section 140.20, such officer or his agency shall transmit the copy of the accusatory instrument to the appropriate district attorney. In all other cases, the clerk of the court in which the defendant is arraigned shall so transmit it. Top of Page
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