N.Y. Criminal Procedure Law Section 570.16
Extradition of persons not present in demanding state at time of commission of crime

The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in section 570.08 with committing an act in this state or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, when the acts for which extradition is sought would be punishable by the laws of this state, if the consequences claimed to have resulted therefrom in the demanding state had taken effect in this state; and the provisions of this article not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom; provided, however, that the governor of this state may, in his discretion, make any such surrender conditional upon agreement by the executive authority of the demanding state, that the person so surrendered will be held to answer no criminal charges of any nature except those set forth in the requisition upon which such person is so surrendered, at least until such person has been given reasonable opportunity to return to this state after his acquittal, if he shall be acquitted, or if he shall be convicted, after he shall be released from confinement. Nothing in this section shall apply to the crime of libel.

Source: Section 570.16 — Extradition of persons not present in demanding state at time of commission of crime, https://www.­nysenate.­gov/legislation/laws/CPL/570.­16 (updated Sep. 22, 2014; accessed Dec. 2, 2023).

570.02
Short title 570.04
Definitions 570.06
Fugitives from justice 570.08
Demand 570.10
Investigation by governor 570.12
Extradition of persons imprisoned or awaiting trial in another state 570.14
Extradition of persons who left the demanding state under compulsion 570.16
Extradition of persons not present in demanding state at time of commission of crime 570.17
Extradition for legally protected health activity 570.18
Issuance of warrant of arrest by governor 570.19
Extradition of gender-affirming care providers, seekers, parents, guardians, and helpers 570.20
Execution of warrant 570.22
Authority of arresting officer 570.24
Rights of accused person 570.26
Noncompliance with preceding section 570.28
Confinement of the accused in jail when necessary 570.30
Confinement of extradited persons passing through this state 570.32
Arrest of accused before making of requisition 570.34
Arrest of accused without warrant therefor 570.36
Commitment to await requisition 570.38
Bail 570.40
Extension of time of commitment 570.42
Bail 570.44
Persons under criminal prosecution in this state at time of requisition 570.46
Guilt or innocence of accused 570.48
Alias warrant of arrest 570.50
Written waiver of extradition proceedings 570.52
Fugitives from this state 570.54
Application for issuance of requisition 570.56
Expense of extradition 570.58
Immunity from service of process in certain civil actions 570.60
No immunity from other criminal prosecution while in this state 570.62
Non-waiver by this state 570.64
Interpretation 570.66
Constitutionality
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Accessed:
Dec. 2, 2023

Last modified:
Sep. 22, 2014

§ 570.16’s source at nysenate​.gov

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