§ 120.90 Warrant of arrest; procedure after arrest.\n 1. Upon arresting a defendant for any offense pursuant to a warrant of\narrest in the county in which the warrant is returnable or in any\nadjoining county, or upon so arresting him or her for a felony in any\nother county, a police officer, if he or she be one to whom the warrant\nis addressed, must without unnecessary delay bring the defendant before\nthe local criminal court or youth part of the superior court in which\nsuch warrant is returnable, provided that, where a local criminal court\nor youth part of the superior court in the county in which the warrant\nis returnable hereunder is operating an off-hours arraignment part\ndesignated in accordance with paragraph (w) of subdivision one of\nsection two hundred twelve of the judiciary law at the time of\ndefendant's return, such police officer may bring the defendant before\nsuch local criminal court or youth part of the superior court.\n 2. Upon arresting a defendant for any offense pursuant to a warrant\nof arrest in a county adjoining the county in which the warrant is\nreturnable, or upon so arresting him for a felony in any other county, a\npolice officer, if he be one delegated to execute the warrant pursuant\nto section 120.60, must without unnecessary delay deliver the defendant\nor cause him to be delivered to the custody of the officer by whom he\nwas so delegated, and the latter must then proceed as provided in\nsubdivision one.\n 3. Upon arresting a defendant for an offense other than a felony\npursuant to a warrant of arrest in a county other than the one in which\nthe warrant is returnable or one adjoining it, a police officer, if he\nbe one to whom the warrant is addressed, must inform the defendant that\nhe has a right to appear before a local criminal court of the county of\narrest for the purpose of being released on his own recognizance or\nhaving bail fixed. If the defendant does not desire to avail himself of\nsuch right, the officer must request him to endorse such fact upon the\nwarrant, and upon such endorsement the officer must without unnecessary\ndelay bring him before the court in which the warrant is returnable. If\nthe defendant does desire to avail himself of such right, or if he\nrefuses to make the aforementioned endorsement, the officer must without\nunnecessary delay bring him before a local criminal court of the county\nof arrest. Such court must release the defendant on his own\nrecognizance or fix bail for his appearance on a specified date in the\ncourt in which the warrant is returnable. If the defendant is in\ndefault of bail, the officer must without unnecessary delay bring him\nbefore the court in which the warrant is returnable.\n 4. Upon arresting a defendant for an offense other than a felony\npursuant to a warrant of arrest in a county other than the one in which\nthe warrant is returnable or one adjoining it, a police officer, if he\nbe one delegated to execute the warrant pursuant to section 120.60, may\nhold the defendant in custody in the county of arrest for a period not\nexceeding two hours for the purpose of delivering him to the custody of\nthe officer by whom he was delegated to execute such warrant. If the\ndelegating officer receives custody of the defendant during such period,\nhe must proceed as provided in subdivision three. Otherwise, the\ndelegated officer must inform the defendant that he has a right to\nappear before a local criminal court for the purpose of being released\non his own recognizance or having bail fixed. If the defendant does not\ndesire to avail himself of such right, the officer must request him to\nmake, sign and deliver to him a written statement of such fact, and if\nthe defendant does so, the officer must retain custody of him but must\nwithout unnecessary delay deliver him or cause him to be delivered to\nthe custody of the delegating police officer. If the defendant does\ndesire to avail himself of such right, or if he
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