2006 New York Code - Proceedings Upon Felony Complaint; Arraignment; Defendant\'s Rights, Court\'s Instructions And Bail Matters.

 
  §  180.10  Proceedings  upon  felony complaint; arraignment; defendant's
               rights, court's instructions and bail matters.
    1.  Upon the defendant's arraignment before  a  local  criminal  court
  upon a felony complaint, the court must immediately inform him, or cause
  him to be informed in its presence, of the charge or charges against him
  and  that  the  primary  purpose  of  the  proceedings  upon such felony
  complaint is to determine whether the defendant is to be  held  for  the
  action  of  a  grand jury with respect to the charges contained therein.
  The court  must  furnish  the  defendant  with  a  copy  of  the  felony
  complaint.
    2.    The  defendant has a right to a prompt hearing upon the issue of
  whether there is sufficient evidence to warrant the court in holding him
  for the action of a grand jury, but he may waive such right.
    3.  The defendant has a right to the aid of counsel at the arraignment
  and at every subsequent stage of the action, and,  if  he  appears  upon
  such arraignment without counsel, has the following rights:
    (a)  To an adjournment for the purpose of obtaining counsel; and
    (b)    To  communicate, free of charge, by letter or by telephone, for
  the purpose of obtaining counsel and informing a relative or friend that
  he has been charged with an offense; and
    (c)  To have counsel assigned by the court in any  case  where  he  is
  financially unable to obtain the same.
    4.    The  court  must inform the defendant of all rights specified in
  subdivisions two and  three.    The  court  must  accord  the  defendant
  opportunity   to   exercise  such  rights  and  must  itself  take  such
  affirmative action as is necessary to effectuate them.
    5.  If the defendant desires to proceed without the  aid  of  counsel,
  the  court must permit him to do so if it is satisfied that he made such
  decision with knowledge of the significance thereof, but if it is not so
  satisfied it may not  proceed  until  the  defendant  is  provided  with
  counsel,  either  of his own choosing or by assignment.  A defendant who
  proceeds at the arraignment without counsel does not waive his right  to
  counsel,  and  the  court must inform him that he continues to have such
  right as well as all the rights specified in subdivision three which are
  necessary to effectuate it, and that he may exercise such rights at  any
  stage of the action.
    6.    Upon  the  arraignment, the court, unless it intends immediately
  thereafter to dismiss the felony complaint  and  terminate  the  action,
  must  issue  a  securing  order which, as provided in subdivision two of
  section 530.20, either releases the defendant on his own recognizance or
  fixes bail or commits him to the custody of the sheriff for  his  future
  appearance in such action.