N.Y. Criminal Procedure Law 110.10 – Methods of requiring defendant's appearance in local criminal court or youth part of the superior court for arraignment; in general
§ 110.10 Methods of requiring defendant's appearance in local criminal
Terms Used In N.Y. Criminal Procedure Law 110.10
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Summons: Another word for subpoena used by the criminal justice system.
court or youth part of the superior court for arraignment; in
general.
1. After a criminal action has been commenced in a local criminal court or youth part of the superior court by the filing of an accusatory instrument therewith, a defendant who has not been arraigned in the action and has not come under the control of the court may under certain circumstances be compelled or required to appear for arraignment upon such accusatory instrument by:
(a) The issuance and execution of a warrant of arrest, as provided in article one hundred twenty; or
(b) The issuance and service upon him of a summons, as provided in article one hundred thirty; or
(c) Procedures provided in articles five hundred sixty, five hundred seventy, five hundred eighty, five hundred ninety and six hundred for securing attendance of defendants in criminal actions who are not at liberty within the state.
2. Although no criminal action against a person has been commenced in any court, he may under certain circumstances be compelled or required to appear in a local criminal court or youth part of a superior court for arraignment upon an accusatory instrument to be filed therewith at or before the time of his appearance by:
(a) An arrest made without a warrant, as provided in article one hundred forty; or
(b) The issuance and service upon him of an appearance ticket, as provided in article one hundred fifty.