CPL § 590.10

Securing attendance of defendants who are outside the United States · as in force on May 31, 2026

§ 590.10 Securing attendance of defendants who are outside the United

States.

1. When a criminal action for an offense committed in this state is pending in a criminal court of this state against a defendant who is in a foreign country with which the United States has an extradition treaty, and when the accusatory instrument charges an offense which is declared in such treaty to be an extraditable one, the district attorney of the county in which such offense was allegedly committed may make an application to the Governor, requesting him to make an application to the President of the United States to institute extradition proceedings for the return of the defendant to this country and state for the purpose of prosecution of such action. The district attorney's application must comply with rules, regulations and guidelines established by the Governor for such applications and must be accompanied by all the accusatory instruments, affidavits and other documents required by such rules, regulations and guidelines.

2. Upon receipt of the district attorney's application, the Governor, if satisfied that the defendant is in the foreign country in question, that the offense charged is an extraditable one pursuant to the treaty in question, and that there are no factors or impediments which in law preclude such an extradition, may in his discretion make an application, addressed to the secretary of state of the United States, requesting that the President of the United States institute extradition proceedings for the return of the defendant from such foreign country. The Governor's application must comply with rules, regulations and guidelines established by the secretary of state for such applications and must be accompanied by all the accusatory instruments, affidavits and other documents required by such rules, regulations and guidelines.

3. If the Governor's application is granted and the extradition is achieved or attempted, all expenses incurred therein must be borne by the county from which the application emanated.

4. The provisions of this section apply equally to extradition or attempted extradition of a person who is a fugitive following the entry of a judgment of conviction against him in a criminal court of this state.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/590.10

In plain English

This section lets New York seek the return of a defendant from a foreign country with which the U.S. has an extradition treaty.

(1) When a case for an offense committed in New York is pending and the charge is extraditable under the treaty, the district attorney of the county where the offense was allegedly committed may apply to the Governor to ask the President to begin extradition proceedings. ★ The application must follow the Governor's rules and guidelines and include the required accusatory instruments, affidavits, and other documents.
(2) If satisfied that the defendant is in that country, the offense is extraditable under the treaty, and no legal impediment bars extradition, the Governor may, in his discretion, apply to the U.S. Secretary of State asking the President to institute proceedings. The application must follow the Secretary of State's rules and guidelines and include the required documents.
(3) If the application is granted and extradition is achieved or attempted, all expenses are borne by the county from which the application came. ★
(4) The section applies equally to a fugitive after a judgment of conviction in a New York criminal court.

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.