CPL § 570.40

Extension of time of commitment; adjournment  ·  as in force on May 31, 2026

§ 570.40 Extension of time of commitment; adjournment.

If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant, bond or undertaking, a local criminal court may discharge him or may recommit him for a further period of sixty days, or for further periods not to exceed in the aggregate sixty days, or a supreme court justice or county judge may again take bail for his appearance and surrender, as provided in section 570.38 but within a period not to exceed sixty days after the date of such new bond or undertaking.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/570.40

In plain English

If the governor’s warrant has not produced an arrest when the existing commitment or bail period expires, the court may release the accused or extend custody or bail. A local criminal court may recommit the person for up to 60 more days in total, and a Supreme Court justice or county judge may take new bail requiring appearance and surrender within 60 days after the new bond. ★

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.

In print

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.