Section 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.