N.Y. Criminal Procedure Law Section 570.24
Rights of accused person

  • application for writ of habeas corpus
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.

Source: Section 570.24 — Rights of accused person; application for writ of habeas corpus, https://www.­nysenate.­gov/legislation/laws/CPL/570.­24 (updated Sep. 22, 2014; accessed Nov. 25, 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:
Nov. 25, 2023

Last modified:
Sep. 22, 2014

§ 570.24’s source at nysenate​.gov

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