NYS CPL Law
Criminal Procedure Law
New York State Consolidated Laws
Article 110 - NY Criminal Procedure Law
REQUIRING DEFENDANT`S APPEARANCE IN LOCAL CRIMINAL COURT FOR ARRAIGNMENT
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
(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.
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