140.40 Arrest without a warrant; by person acting other than as a
police officer or a peace officer; procedure after arrest.
1. A person making an arrest pursuant to section 140.30 must without
unnecessary delay deliver or attempt to deliver the person arrested to
the custody of an appropriate police officer, as defined in subdivision
five. For such purpose, he may solicit the aid of any police officer
and the latter, if he is not himself an appropriate police officer, must
assist in delivering the arrested person to an appropriate officer. If
the arrest is for a felony, the appropriate police officer must, upon
receiving custody of the arrested person, perform all recording,
fingerprinting and other preliminary police duties required in the
particular case. In any case, the appropriate police officer, upon
receiving custody of the arrested person, except as otherwise provided
in subdivisions two and three, must bring him, on behalf of the
arresting person, before an appropriate local criminal court, as defined
in subdivision five, and the arresting person must without unnecessary
delay file an appropriate accusatory instrument with such court.
2. If (a) the arrest is for an offense other than a class A, B, C or D
felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
or 215.56 of the penal law and (b) owing to unavailability of a local
criminal court the appropriate police officer having custody of the
arrested person is unable to bring him before such a court with
reasonable promptness, the arrested person must be dealt with in the
manner prescribed in subdivision three of section 140.20, as if he had
been arrested by a police officer.
3. If the arrest is for an offense other than a class A, B, C or D
felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
or 215.56 of the penal law, the arrested person need not be brought
before a local criminal court, as provided in subdivision one, and the
procedure may instead be as follows:
(a) An appropriate police officer may issue and serve an appearance
ticket upon the arrested person and release him from custody, as
prescribed in subdivision two of section 150.20; or
(b) The desk officer in charge at the appropriate police officer's
station, county jail or police headquarters, or any of his superior
officers, may, in such place, fix pre-arraignment bail and, upon deposit
thereof, issue and serve an appearance ticket upon the arrested person
and release him from custody, as prescribed in section 150.30.
4. Notwithstanding any other provision of this section, a police
officer is not required to take an arrested person into custody or to
take any other action prescribed in this section on behalf of the
arresting person if he has reasonable cause to believe that the arrested
person did not commit the alleged offense or that the arrest was
otherwise unauthorized.
5. If a police officer takes an arrested juvenile offender into
custody, the police officer shall immediately notify the parent or other
person legally responsible for his care or the person with whom he is
domiciled, that the juvenile offender has been arrested, and the
location of the facility where he is being detained.
6. As used in this section:
(a) An "appropriate police officer" means one who would himself be
authorized to make the arrest in question as a police officer pursuant
to section 140.10;
(b) An "appropriate local criminal court" means one with which an
accusatory instrument charging the offense in question may properly be
filed pursuant to the provisions of section 100.55.