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2021 New York Laws
CPL - Criminal Procedure
Part 2 - The Principal Proceedings
Title H - Preliminary Proceedings in Local Criminal Court
Article 140 - Arrest Without a Warrant
140.40 - Arrest Without a Warrant; by Person Acting Other Than as a Police Officer or a Peace Officer; Procedure After Arrest.

Universal Citation:
NY Crim Pro L § 140.40 (2021)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§  140.40  Arrest  without  a  warrant; by person acting other than as a
             police officer or a peace officer; procedure after arrest.
  1. A person making an arrest pursuant to section 140.30  must  without
unnecessary  delay  deliver or attempt to deliver the person arrested to
the custody of an appropriate police officer, as defined in  subdivision
five. For such purpose, he may solicit the aid of any police officer and
the  latter,  if  he  is not himself an appropriate police officer, must
assist in delivering the arrested person to an appropriate  officer.  If
the  arrest  is  for a felony, the appropriate police officer must, upon
receiving  custody  of  the  arrested  person,  perform  all  recording,
fingerprinting  and  other  preliminary  police  duties  required in the
particular case. In any  case,  the  appropriate  police  officer,  upon
receiving  custody  of the arrested person, except as otherwise provided
in subdivisions two  and  three,  must  bring  him,  on  behalf  of  the
arresting person, before an appropriate local criminal court, as defined
in  subdivision  five, and the arresting person must without unnecessary
delay file an appropriate accusatory instrument with such court.
  2. 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 appropriate police  officer  having  custody  of  the
arrested  person  is  unable  to  bring  him  before  such  a court with
reasonable promptness, the arrested person must be  dealt  with  in  the
manner  prescribed  in subdivision three of section 140.20, as if he had
been arrested by a police officer.
  3. 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) An appropriate 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 the appropriate police officer's 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. 4. Notwithstanding any other provision of this section, a police officer is not required to take an arrested person into custody or to take any other action prescribed in this section on behalf of the arresting person if he has reasonable cause to believe that the arrested person did not commit the alleged offense or that the arrest was otherwise unauthorized. 5. If a police officer takes an arrested juvenile offender or a person sixteen or commencing October first, two thosuand nineteen, seventeen years of age into custody, the police officer shall immediately notify the parent or other person legally responsible for his or her care or the person with whom he or she is domiciled, that such offender or person has been arrested, and the location of the facility where he or she is being detained. If the officer determines that it is necessary to question a juvenile offender or such person the officer must take him or her to a facility designated by the chief administrator of the courts as a suitable place for the questioning of children or, upon the consent of a parent or other person legally responsible for the care of the juvenile offender or such person, to his or her residence and there question him or her for a reasonable period of time. A juvenile offender or such person shall not be questioned pursuant to this section unless he or she and a person required to be notified pursuant to this subdivision, if present, have been advised:

(a) of his or her right to remain silent;

(b) that the statements made by the juvenile offender or such person may be used in a court of law;

(c) of his or her right to have an attorney present at such questioning; and

(d) of his or her right to have an attorney provided for him or her without charge if he or she is unable to afford counsel. In determining the suitability of questioning and determining the reasonable period of time for questioning such a juvenile offender or such person, his or her age, the presence or absence of his or her parents or other persons legally responsible for his or her care and notification pursuant to this subdivision shall be included among relevant considerations. 6. As used in this section:

(a) An "appropriate police officer" means one who would himself be authorized to make the arrest in question as a police officer pursuant to section 140.10;

(b) An "appropriate local criminal court" means one with which an accusatory instrument charging the offense in question may properly be filed pursuant to the provisions of section 100.55.

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