3.12 - III. Obtaining A Defendant's Appearance For Arraignment

• Jurisdiction: New York

III. OBTAINING A DEFENDANT’S APPEARANCE FOR ARRAIGNMENT

A defendant’s appearance before a local criminal court for arraignment is obtained by means of an arrest,⁴⁰¹ an appearance ticket⁴⁰² or a summons.⁴⁰³ At an arraignment on an appearance ticket or a summons, the defendant voluntarily appears when instructed to do so. If the court permits for good cause shown, the defendant need not be present, and defense counsel may appear on the defendant’s behalf.⁴⁰⁴ Counsel may also appear without the defendant for arraignment on a simplified information;⁴⁰⁵ otherwise, the accused must appear in person for the arraignment.⁴⁰⁶ If the defendant has been arrested and has not been issued a desk appearance ticket by police, the defendant must be produced by the police department before the...