2022 New York Laws
CPL - Criminal Procedure
Part 2 - The Principal Proceedings
Title I - Preliminary Proceedings in Superior Court
Article 210 - Proceedings in Superior Court From Filing of Indictment to Plea
210.15 - Arraignment Upon Indictment; Defendant's Rights, Court's Instructions and Bail Matters.
§ 210.15 Arraignment upon indictment; defendant's rights, court's
instructions and bail matters.
1. Upon the defendant's arraignment before a superior court upon an
indictment, the court must immediately inform him, or cause him to be
informed in its presence, of the charge or charges against him, and the
district attorney must cause him to be furnished with a copy of the
indictment.
2. The defendant has a right to the aid of counsel at the arraignment
and at every subsequent stage of the action, and, if he appears upon
such arraignment without counsel, has the following rights: (a) To an adjournment for the purpose of obtaining counsel; and
(b) To communicate, free of charge, by letter or 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 charged with an offense; and
(c) To have counsel assigned by the court in any case where he is
financially unable to obtain the same.
3. The court must inform the defendant of all rights specified in
subdivision two. The court must accord the defendant opportunity to
exercise such rights and must itself take such affirmative action as is
necessary to effectuate them.
5. If the defendant desires to proceed without the aid of counsel, the
court must permit him to do so if it is satisfied that he made such
decision with knowledge of the significance thereof, but if it is not so
satisfied it may not proceed until the defendant is provided with
counsel, either of his own choosing or by assignment. A defendant who
proceeds at the arraignment without counsel does not waive his right to
counsel, and the court must inform him that he continues to have such
right as well as all the rights specified in subdivision two which are
necessary to effectuate it, and that he may exercise such rights at any
stage of the action.
6. Upon the arraignment, the court, unless it intends to make a final
disposition of the action immediately thereafter, must, as provided in
section 530.40, issue a securing order, releasing the defendant on his
own recognizance or fixing bail or committing him to the custody of the
sheriff for his future appearance in such action.
