N.Y. Criminal Procedure Law 570.24 – Rights of accused person; application for writ of habeas corpus
§ 570.24 Rights of accused person; application for writ of habeas
Terms Used In N.Y. Criminal Procedure Law 570.24
- Arrest: Taking physical custody of a person by lawful authority.
- Executive authority: includes the governor, and any person performing the functions of governor in a state other than this state. See N.Y. Criminal Procedure Law 570.04
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
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No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a justice or judge of a court of record in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the justice or judge of such court of record shall fix a reasonable time to be allowed within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the district attorney of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.