{"jurisdiction": "us-ny", "code": "cpl", "section": "110.10", "citation": "CPL § 110.10", "heading": "Methods of requiring defendant's appearance in local criminal court or youth part of the superior court for arraignment; in general", "text": ["§ 110.10 Methods of requiring defendant's appearance in local criminal", "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."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/110.10", "from_official_api": true, "plain_english": "Two scenarios for getting a defendant to arraignment:\n\n**1. Action already commenced** (an accusatory instrument was filed, but the defendant hasn't been arraigned and isn't yet under the court's control). The defendant can be compelled to appear by:\n- **(a)** issuing and executing a **warrant of arrest** — **Article 120**; ★ or\n- **(b)** issuing and serving a **summons** — **Article 130**; ★ or\n- **(c)** the procedures in **Articles 560, 570, 580, 590, and 600** for securing attendance of defendants **not at liberty within the state** (e.g., in custody or out of state). ★\n\n**2. No action commenced yet** (accusatory instrument will be filed at or before the appearance). The defendant may be required to appear by:\n- **(a)** an **arrest made without a warrant** — **Article 140**; ★ or\n- **(b)** issuing and serving an **appearance ticket** — **Article 150**. ★\n\nMemory hook — match the tool to its article: **warrant → 120, summons → 130, warrantless arrest → 140, appearance ticket → 150.** ★", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/110.10", "publisher": "Elyphived LLC"}