§ 140.20 Arrest without a warrant; procedure after arrest by police\n officer.\n 1. Upon arresting a person without a warrant, a police officer, after\nperforming without unnecessary delay all recording, fingerprinting and\nother preliminary police duties required in the particular case, must\nexcept as otherwise provided in this section, without unnecessary delay\nbring the arrested person or cause him to be brought before a local\ncriminal court and file therewith an appropriate accusatory instrument\ncharging him with the offense or offenses in question. The arrested\nperson must be brought to the particular local criminal court, or to one\nof them if there be more than one, designated in section 100.55 as an\nappropriate court for commencement of the particular action; except\nthat:\n (a) If the arrest is for an offense other than a class A, B, C or D\nfelony or a violation of section 130.25, former section 130.40, section\n205.10, 205.17, 205.19 or 215.56 of the penal law committed in a town,\nbut not in a village thereof having a village court, and the town court\nof such town is not available at the time, the arrested person may be\nbrought before the local criminal court of any village within such town\nor, any adjoining town, village embraced in whole or in part by such\nadjoining town, or city of the same county; and\n (b) If the arrest is for an offense other than a class A, B, C or D\nfelony or a violation of section 130.25, former section 130.40, section\n205.10, 205.17, 205.19 or 215.56 of the penal law committed in a village\nhaving a village court and such court is not available at the time, the\narrested person may be brought before the town court of the town\nembracing such village or any other village court within such town, or,\nif such town or village court is not available either, before the local\ncriminal court of any adjoining town, village embraced in whole or in\npart by such adjoining town, or city of the same county; and\n (c) If the arrest is for an offense committed in a city, and the city\ncourt thereof is not available at the time, the arrested person may be\nbrought before the local criminal court of any adjoining town or\nvillage, or village court embraced by an adjoining town, within the same\ncounty as such city; and\n (d) If the arrest is for a traffic infraction or for a misdemeanor\nrelating to traffic, the police officer may, instead of bringing the\narrested person before the local criminal court of the political\nsubdivision or locality in which the offense was allegedly committed,\nbring him or her before the local criminal court of the same county\nnearest available by highway travel to the point of arrest; and\n (e) Notwithstanding any other provision of this section, where a local\ncriminal court in the county in which the defendant is arrested is\noperating an off-hours arraignment part designated in accordance with\nparagraph (w) of subdivision one of section two hundred twelve of the\njudiciary law at the time of defendant's arrest, the arrested person may\nbe brought before such local criminal court.\n 2. If the arrest is for an offense other than a class A, B, C or D\nfelony or a violation of section 130.25, former section 130.40, section\n205.10, 205.17, 205.19 or 215.56 of the penal law, or other than where\nan arrest is required to be made pursuant to subdivision four of section\n140.10 of this article, the arrested person need not be brought before a\nlocal criminal court as provided in subdivision one, and the procedure\nmay instead be as follows:\n (a) A police officer may issue and serve an appearance ticket upon the\narrested person and release him from custody, as prescribed in\nsubdivision two of section 150.20 of this title; or\n (b) The desk officer in charge at a police station, county jail or\npolice headquarters, or any of his superior officers, may, in such place\nfix pre-arraignment bail and, upon deposit thereof, issue and serve an\nappe
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.