Section 140.20. Arrest without a warrant; procedure after arrest by police officer

1.  Upon arresting a person without a warrant, a police officer, after
  performing without unnecessary delay all recording,  fingerprinting  and
  other  preliminary  police  duties required in the particular case, must
  except as otherwise provided in this section, without unnecessary  delay
  bring  the  arrested  person  or  cause him to be brought before a local
  criminal court and file therewith an appropriate  accusatory  instrument
  charging  him  with  the  offense or offenses in question.  The arrested
  person must be brought to the particular local criminal court, or to one
  of them if there be more than one, designated in section  100.55  as  an
  appropriate  court  for  commencement  of  the particular action; except
  that:
    (a)  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  committed in a town, but not  in  a  village
  thereof  having  a village court, and the town court of such town is not
  available at the time, the arrested person may  be  brought  before  the
  local  criminal  court of any village within such town or, any adjoining
  town, village embraced in whole or in part by such  adjoining  town,  or
  city of the same county; and
    (b)    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 committed in a village having a village court
  and  such court is not available at the time, the arrested person may be
  brought before the town court of the town embracing such village or  any
  other  village court within such town, or, if such town or village court
  is not  available  either,  before  the  local  criminal  court  of  any
  adjoining  town,  village embraced in whole or in part by such adjoining
  town, or city of the same county; and
    (c) If the arrest is for an offense committed in a city, and the  city
  court  thereof  is not available at the time, the arrested person may be
  brought before the  local  criminal  court  of  any  adjoining  town  or
  village, or village court embraced by an adjoining town, within the same
  county as such city; and
    (d)    If  the arrest is for a traffic infraction or for a misdemeanor
  relating to traffic, the police officer may,  instead  of  bringing  the
  arrested  person  before  the  local  criminal  court  of  the political
  subdivision or locality in which the offense  was  allegedly  committed,
  bring  him  before  the  local criminal court of the same county nearest
  available by highway travel to the point of arrest.
    2.  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)  A 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 a police 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.
    3.  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 arresting police officer is unable to bring the

  arrested  person  before such a court with reasonable promptness, either
  an appearance ticket must be served unconditionally  upon  the  arrested
  person   or  pre-arraignment  bail  must  be  fixed,  as  prescribed  in
  subdivision  two.  If pre-arraignment bail is fixed but not posted, such
  arrested person may be temporarily held in custody but must  be  brought
  before  a  local  criminal  court  without  unnecessary delay.   Nothing
  contained in this subdivision requires a  police  officer  to  serve  an
  appearance ticket upon an arrested person or release him from custody at
  a  time  when  such person appears to be under the influence of alcohol,
  narcotics or other drug to the degree that he may  endanger  himself  or
  other persons.
    4.    If  after  arresting a person, for any offense, a police officer
  upon further investigation or inquiry determines or  is  satisfied  that
  there  is  not  reasonable  cause  to  believe  that the arrested person
  committed such offense or any other offense based upon  the  conduct  in
  question,  he  need  not  follow  any  of  the  procedures prescribed in
  subdivisions one, two and  three,  but  must  immediately  release  such
  person from custody.
    5.    Before  service  of an appearance ticket upon an arrested person
  pursuant to subdivision two or three, the issuing police  officer  must,
  if  the  offense  designated  in  such appearance ticket is one of those
  specified in subdivision one of section 160.10, cause such person to  be
  fingerprinted in the same manner as would be required were no appearance
  ticket to be issued or served.
    6.    Upon arresting a juvenile offender without a warrant, 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.