2012 New York Consolidated Laws
CPL - Criminal Procedure
Part 2 - THE PRINCIPAL PROCEEDINGS
Title H - PRELIMINARY PROCEEDINGS IN LOCAL CRIMINAL COURT
Article 140 - (140.05 - 140.55) ARREST WITHOUT A WARRANT
140.20 - Arrest without a warrant; procedure after arrest by police officer.

 
  §  140.20  Arrest  without  a  warrant; procedure after arrest by police
               officer.
    1. Upon arresting a person without a warrant, a police officer,  after
  performing  without  unnecessary delay all recording, fingerprinting and
  other preliminary police duties required in the  particular  case,  must
  except  as otherwise provided in this section, without unnecessary delay
  bring the arrested person or cause him to  be  brought  before  a  local
  criminal  court  and file therewith an appropriate accusatory instrument
  charging him with the offense or  offenses  in  question.  The  arrested
  person must be brought to the particular local criminal court, or to one
  of  them  if  there be more than one, designated in section 100.55 as an
  appropriate court for commencement  of  the  particular  action;  except
  that:
    (a)  If  the  arrest is for an offense other than a class A, B, C or D
  felony or a violation of section 130.25, 130.40, 205.10, 205.17,  205.19
  or  215.56  of  the  penal law committed in a town, but not in a village
  thereof having a village court, and the town court of such town  is  not
  available  at  the  time,  the arrested person may be brought before the
  local criminal court of any village within such town or,  any  adjoining
  town,  village  embraced  in whole or in part by such adjoining town, or
  city of the same county; and
    (b) If the arrest is for an offense other than a class A, B,  C  or  D
  felony  or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
  or 215.56 of the penal law committed in a village having a village court
  and such court is not available at the time, the arrested person may  be
  brought  before the town court of the town embracing such village or any
  other village court within such town, or, if such town or village  court
  is  not  available  either,  before  the  local  criminal  court  of any
  adjoining town, village embraced in whole or in part by  such  adjoining
  town, or city of the same county; and
    (c)  If the arrest is for an offense committed in a city, and the city
  court thereof is not available at the time, the arrested person  may  be
  brought  before  the  local  criminal  court  of  any  adjoining town or
  village, or village court embraced by an adjoining town, within the same
  county as such city; and
    (d) If the arrest is for a traffic infraction  or  for  a  misdemeanor
  relating  to  traffic,  the  police officer may, instead of bringing the
  arrested person  before  the  local  criminal  court  of  the  political
  subdivision  or  locality  in which the offense was allegedly committed,
  bring him before the local criminal court of  the  same  county  nearest
  available by highway travel to the point of arrest.
    2.  If  the  arrest  is for an offense other than a class A, B, C or D
  felony or a violation of section 130.25, 130.40, 205.10, 205.17,  205.19
  or  215.56  of  the  penal  law, the arrested person need not be brought
  before a local criminal court as provided in subdivision  one,  and  the
  procedure may instead be as follows:
    (a) A police officer may issue and serve an appearance ticket upon the
  arrested   person  and  release  him  from  custody,  as  prescribed  in
  subdivision two of section 150.20; or
    (b) The desk officer in charge at a police  station,  county  jail  or
  police headquarters, or any of his superior officers, may, in such place
  fix  pre-arraignment  bail and, upon deposit thereof, issue and serve an
  appearance ticket upon the arrested person and release him from custody,
  as prescribed in section 150.30.
    3. If (a) the arrest is for an offense other than a class A, B, C or D
  felony or a violation of section 130.25, 130.40, 205.10, 205.17,  205.19
  or  215.56  of the penal law, and (b) owing to unavailability of a local
  criminal court the arresting police  officer  is  unable  to  bring  the

  arrested  person  before such a court with reasonable promptness, either
  an appearance ticket must be served unconditionally  upon  the  arrested
  person   or  pre-arraignment  bail  must  be  fixed,  as  prescribed  in
  subdivision  two.  If pre-arraignment bail is fixed but not posted, such
  arrested person may be temporarily held in custody but must  be  brought
  before  a  local  criminal  court  without  unnecessary  delay.  Nothing
  contained in this subdivision requires a  police  officer  to  serve  an
  appearance ticket upon an arrested person or release him from custody at
  a  time  when  such person appears to be under the influence of alcohol,
  narcotics or other drug to the degree that he may  endanger  himself  or
  other persons.
    4. If after arresting a person, for any offense, a police officer upon
  further  investigation  or inquiry determines or is satisfied that there
  is not reasonable cause to believe that the  arrested  person  committed
  such offense or any other offense based upon the conduct in question, he
  need  not  follow  any of the procedures prescribed in subdivisions one,
  two and three, but must immediately release such person from custody.
    5. Before service of an appearance  ticket  upon  an  arrested  person
  pursuant  to  subdivision two or three, the issuing police officer must,
  if the offense designated in such appearance  ticket  is  one  of  those
  specified  in subdivision one of section 160.10, cause such person to be
  fingerprinted in the same manner as would be required were no appearance
  ticket to be issued or served.
    6. Upon arresting a juvenile offender without a  warrant,  the  police
  officer  shall  immediately  notify  the  parent or other person legally
  responsible for his care or the person with whom he is  domiciled,  that
  the  juvenile  offender  has  been  arrested,  and  the  location of the
  facility where he is being detained.
    7. Upon arresting a person, other than a juvenile  offender,  for  any
  offense  without  a  warrant,  a police officer shall, upon the arrested
  person's request, permit him or her to communicate by telephone provided
  by the law enforcement facility where the defendant is held to  a  phone
  number  located in the United States or Puerto Rico, for the purposes of
  obtaining counsel and informing a relative or friend that he or she  has
  been  arrested,  unless  granting  the  call  will compromise an ongoing
  investigation or the prosecution of the defendant.