Rights of accused person; application for writ of habeas corpus · as in force on May 31, 2026
§ 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.
Before a person arrested on the governor's warrant may be delivered to the demanding state's agent, the person must be taken forthwith before a justice or judge of a court of record in New York, who must inform the person of the surrender demand, the crime charged, and the right to demand and obtain counsel. ★ If the prisoner or counsel says they want to test the legality of the arrest, the judge must fix a reasonable time within which to apply for a writ of habeas corpus. ★ When the writ is applied for, notice of it and of the hearing's time and place must be given to the district attorney of the county of arrest and custody and to the demanding state's agent.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Court Officer in Plain English; Volume 2 — The Court Officer: Criminal Procedure Law; Volume 2 — Your Career: Criminal Procedure in Plain English.