2019 New York Laws
CPL - Criminal Procedure
Part 2 - The Principal Proceedings
Title H - Preliminary Proceedings in Local Criminal Court
Article 120 - Warrant of Arrest
120.20 - Warrant of Arrest; When Issuable.

§ 120.20 Warrant of arrest; when issuable.
  1. When a criminal action has been commenced in a local criminal court
or  youth  part  of  the  superior  court  by the filing therewith of an
accusatory instrument, other  than  a  simplified  traffic  information,
against  a  defendant  who  has  not been arraigned upon such accusatory
instrument and has not come under the control of the court with  respect
thereto:
  (a) such court may, if such accusatory instrument is sufficient on its
face, issue a warrant for such defendant's arrest; or
  (b)  if  such  accusatory  instrument is not sufficient on its face as
prescribed in section 100.40, and if the court is satisfied that on  the
basis  of the available facts or evidence it would be impossible to draw
and file an accusatory instrument that is sufficient on  its  face,  the
court must dismiss the accusatory instrument.
  2.  Even  though such accusatory instrument is sufficient on its face,
the court may refuse to issue a warrant of arrest based thereon until it
has further satisfied itself, by inquiry or  examination  of  witnesses,
that  there  is reasonable cause to believe that the defendant committed
an offense charged. Upon such inquiry  or  examination,  the  court  may
examine,  under oath or otherwise, any available person whom it believes
may possess knowledge concerning the subject matter of the charge.
  3. Notwithstanding the provisions of subdivision one, if a summons may
be issued in lieu of a warrant of arrest pursuant to section 130.20, and
if the court is satisfied that the defendant will  respond  thereto,  it
may  not  issue  a  warrant  of arrest. Upon the request of the district
attorney, in lieu of a warrant of  arrest  or  summons,  the  court  may
instead  authorize  the  district  attorney  to  direct the defendant to
appear for arraignment on a designated date if it is satisfied that  the
defendant will so appear.