2010 New York Code
CPL - Criminal Procedure
Part 3 - SPECIAL PROCEEDINGS AND MISCELLANEOUS PROCEDURES
Title Q - PROCEDURES FOR SECURING ATTENDANCE AT CRIMINAL ACTIONS AND PROCEEDINGS OF DEFENDANTS NOT SECURABLE BY CONVENTIONAL MEANS--AND RELATED MATTERS
Article 570 - (570.02 - 570.66) SECURING ATTENDANCE OF DEFENDANTS WHO ARE OUTSIDE THE STATE BUT WITHIN THE UNITED STATES--RENDITION TO OTHER JURISDICTIONS OF DEFENDANTS
570.54 - Application for issuance of requisition; by whom made; contents.

§  570.54    Application  for  issuance  of  requisition;  by whom made;
               contents.
    1.  When the return to this state of a person charged  with  crime  in
  this state is required, the district attorney of the county in which the
  offense  was committed, or, if the offense is one which is cognizable by
  him, the attorney general shall present  to  the  governor  his  written
  application  for  a requisition for the return of the person charged, in
  which application shall be stated the name of the person so charged, the
  crime charged against him, the approximate time, place and circumstances
  of its commission, the state in which he is believed  to  be,  including
  the  location of the accused therein at the time the application is made
  and certifying that, in the opinion of the  said  district  attorney  or
  attorney  general  the  ends of justice require the arrest and return of
  the accused to this state for trial  and  that  the  proceeding  is  not
  instituted to enforce a private claim.
    2.    When  there is required the return to this state of a person who
  has been convicted of a  crime  in  this  state  and  has  escaped  from
  confinement  or  broken  the terms of his bail, probation or parole, the
  district attorney of the county in which the offense was committed,  the
  parole board, or the warden of the institution or sheriff of the county,
  from  which escape was made, or the commissioner of the state department
  of correctional services or his designee shall present to the governor a
  written application for a requisition for the return of such person,  in
  which  application  shall be stated the name of the person, the crime of
  which he was convicted, the circumstances of his escape from confinement
  or of the breach of the terms of his  bail,  probation  or  parole,  the
  state  in  which  he  is  believed  to be, including the location of the
  person therein at the time the application is made.
    3.  The application shall be verified by affidavit, shall be  executed
  in  duplicate  and  shall  be accompanied by two certified copies of the
  accusatory instrument stating the offense  with  which  the  accused  is
  charged,  or  of  the  judgment  of conviction or of the sentence.   The
  district attorney, attorney general, parole board,  warden,  sheriff  or
  the commissioner of the state department of correctional services or his
  designee  may also attach such further affidavits and other documents in
  duplicate as he shall deem proper to be submitted with such application.
  One copy of the application, with the action of the  governor  indicated
  by  endorsement  thereon,  and  one  of  the  certified  copies  of  the
  accusatory instrument, or of the judgment of conviction or the  sentence
  shall  be  filed  in  the  office of the secretary of state to remain of
  record in that office.    The  other  copies  of  all  papers  shall  be
  forwarded with the governor's requisition.

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