2006 New York Code - Securing Attendance Of Defendants Who Are Outside The United States

 
  §  590.10   Securing attendance of defendants who are outside the United
               States.
    1.  When a criminal action for an offense committed in this  state  is
  pending  in a criminal court of this state against a defendant who is in
  a foreign country with  which  the  United  States  has  an  extradition
  treaty,  and  when the accusatory instrument charges an offense which is
  declared in such treaty to be an extraditable one, the district attorney
  of the county in which such offense was allegedly committed may make  an
  application  to  the  Governor, requesting him to make an application to
  the President of the United States to institute extradition  proceedings
  for  the  return  of  the  defendant  to  this country and state for the
  purpose  of  prosecution  of  such  action.    The  district  attorney's
  application   must   comply   with  rules,  regulations  and  guidelines
  established  by  the  Governor  for  such  applications  and   must   be
  accompanied  by  all  the  accusatory  instruments, affidavits and other
  documents required by such rules, regulations and guidelines.
    2.  Upon receipt of the district attorney's application, the Governor,
  if satisfied that the defendant is in the foreign country  in  question,
  that  the  offense charged is an extraditable one pursuant to the treaty
  in question, and that there are no factors or impediments which  in  law
  preclude such an extradition, may in his discretion make an application,
  addressed  to  the  secretary  of state of the United States, requesting
  that  the  President  of  the  United   States   institute   extradition
  proceedings  for  the return of the defendant from such foreign country.
  The Governor's application  must  comply  with  rules,  regulations  and
  guidelines  established  by the secretary of state for such applications
  and must be accompanied by all the  accusatory  instruments,  affidavits
  and other documents required by such rules, regulations and guidelines.
    3.    If  the Governor's application is granted and the extradition is
  achieved or attempted, all expenses incurred therein must  be  borne  by
  the county from which the application emanated.
    4.    The  provisions  of this section apply equally to extradition or
  attempted extradition of a person who is a fugitive following the  entry
  of  a  judgment  of  conviction  against him in a criminal court of this
  state.