§ 170.10 Arraignment upon information, simplified traffic information,

prosecutor's information or misdemeanor complaint;

defendant's presence, defendant's rights, court's

instructions and bail matters.

1. Following the filing with a local criminal court of an information,
a simplified information, a prosecutor's information or a misdemeanor
complaint, the defendant must be arraigned thereon. The defendant must
appear personally at such arraignment except under the following
circumstances:

(a) In any case where a simplified information is filed and a
procedure is provided by law which is applicable to all offenses charged
in such simplified information and, if followed, would dispense with an
arraignment or personal appearance of the defendant, nothing contained
in this section affects the validity of such procedure or requires such
personal appearance;

(b) In any case in which the defendant's appearance is required by a
summons or an appearance ticket, the court in its discretion may, for
good cause shown, permit the defendant to appear by counsel instead of
in person.

2. Upon any arraignment at which the defendant is personally present,
the court must immediately inform him, or cause him to be informed in
its presence, of the charge or charges against him and must furnish him
with a copy of the accusatory instrument.

3. The defendant has the right to the aid of counsel at the
arraignment and at every subsequent stage of the action. If he appears
upon such arraignment without counsel, he has the following rights:

(a) To an adjournment for the purpose of obtaining counsel; and

(b) To communicate, free of charge, by letter or by telephone provided
by the law enforcement facility where the defendant is held to a phone
number located in the United States, or Puerto Rico, for the purposes of
obtaining counsel and informing a relative or friend that he or she has
been charged with an offense; and

(c) To have counsel assigned by the court if he is financially unable
to obtain the same; except that this paragraph does not apply where the
accusatory instrument charges a traffic infraction or infractions only.

4. Except as provided in subdivision five, the court must inform the
defendant:

(a) Of his rights as prescribed in subdivision three; and the court
must not only accord him opportunity to exercise such rights but must
itself take such affirmative action as is necessary to effectuate them;
and

(b) Where a traffic infraction or a misdemeanor relating to traffic is
charged, that a judgment of conviction for such offense would in
addition to subjecting the defendant to the sentence provided therefor
render his license to drive a motor vehicle and his certificate of
registration subject to suspension and revocation as prescribed by law
and that a plea of guilty to such offense constitutes a conviction
thereof to the same extent as a verdict of guilty after trial; and

(c) Where the accusatory instrument is a simplified traffic
information, that the defendant has a right to have a supporting
deposition filed, as provided in section 100.25; and

(d) Where the accusatory instrument is a misdemeanor complaint, that
the defendant may not be prosecuted thereon or required to enter a plea
thereto unless he consents to the same, and that in the absence of such
consent such misdemeanor complaint will for prosecution purposes have to
be replaced and superseded by an information; and

(e) Where an information, a simplified information, a prosecutor's
information, a misdemeanor complaint, a felony complaint or an
indictment charges harassment in the second degree, as defined in
section 240.26 of the penal law, if there is a judgment of conviction
for such offense and such offense is determined to have been committed
against a member of the same family or household as the defendant, as
defined in subdivision one of section 530.11 of this chapter, the record
of such conviction shall be accessible for law enforcement purposes and
not sealed, as specified in paragraph (a) and subparagraph (vi) of
paragraph (d) of subdivision one of section 160.55 of this title; and

5. In any case in which a defendant has appeared for arraignment in
response to a summons or an appearance ticket, a printed statement upon
such process of any court instruction required by the provisions of
subdivision four, other than those specified in paragraphs (d) and (e)
thereof, constitutes compliance with such provisions with respect to the
instruction so printed.

6. If a defendant charged with a traffic infraction or infractions
only desires to proceed without the aid of counsel, the court must
permit him to do so. In all other cases, the court must permit the
defendant to proceed without the aid of counsel if it is satisfied that
he made such decision with knowledge of the significance thereof, but if
it is not so satisfied it may not proceed until the defendant is
provided with counsel, either of his own choosing or by assignment.
Regardless of the kind or nature of the charges, a defendant who
proceeds at the arraignment without counsel does not waive his right to
counsel, and the court must inform him that he continues to have such
right as well as all the rights specified in subdivision three which are
necessary to effectuate it, and that he may exercise such rights at any
stage of the action.

7. Upon the arraignment, the court, unless it intends to make a final
disposition of the action immediately thereafter, must, as provided in
subdivision one of section 530.20, issue a securing order either
releasing the defendant on his own recognizance or fixing bail for his
future appearance in the action; except that where a defendant appears
by counsel pursuant to paragraph (b) of subdivision one of this section,
the court must release the defendant on his own recognizance.

8. Notwithstanding any other provision of law to the contrary, a local
criminal court may not, at arraignment or within thirty days of
arraignment on a simplified traffic information charging a violation of
subdivision two, two-a, three, four or four-a of section eleven hundred
ninety-two of the vehicle and traffic law and upon which a notation has
been made pursuant to subdivision twelve of section eleven hundred
ninety-two of the vehicle and traffic law, accept a plea of guilty to a
violation of any subdivision of section eleven hundred ninety-two of the
vehicle and traffic law, nor to any other traffic infraction arising out
of the same incident, nor to any other traffic infraction, violation or
misdemeanor where the court is aware that such offense was charged
pursuant to an accident involving death or serious physical injury,
except upon written consent of the district attorney.

8-a. (a) Where an information, a simplified information, a
prosecutor's information, a misdemeanor complaint, a felony complaint or
an indictment charges harassment in the second degree as defined in
section 240.26 of the penal law, the people may serve upon the defendant
and file with the court a notice alleging that such offense was
committed against a member of the same family or household as the
defendant, as defined in subdivision one of section 530.11 of this
chapter. Such notice must be served within fifteen days after
arraignment on an information, a simplified information, a prosecutor's
information, a misdemeanor complaint, a felony complaint or an
indictment for such charge and before trial. Such notice must include
the name of the person alleged to be a member of the same family or
household as the defendant and specify the specific family or household
relationship as defined in subdivision one of section 530.11 of this
chapter.

(b) If a defendant, charged with harassment in the second degree as
defined in section 240.26 of the penal law stipulates, or admits in the
course of a plea disposition, that the person against whom the charged
offense is alleged to have been committed is a member of the same family
or household as the defendant, as defined in subdivision one of section
530.11 of this chapter, such allegation shall be deemed established for
purposes of paragraph (a) and subparagraph (vi) of paragraph (d) of
subdivision one of section 160.55 of this title. If the defendant denies
such allegation, the people may, by proof beyond a reasonable doubt,
prove as part of their case that the alleged victim of such offense was
a member of the same family or household as the defendant. In such
circumstances, the trier of fact shall make its determination with
respect to such allegation orally on the record or in writing.

9. Nothing contained in this section applies to the arraignment of
corporate defendants, which is governed generally by the provisions of
article six hundred.

10. Notwithstanding any contrary provision of this section, when an
off-hours arraignment part designated in accordance with paragraph (w)
of subdivision one of section two hundred twelve of the judiciary law is
in operation in the county in which the court is located, the court must
adjourn the proceedings before it, and direct that the proceedings be
continued in such off-hours part when the defendant has appeared before
the court without counsel and no counsel is otherwise available at the
time of such appearance to aid the defendant, unless the defendant
desires to proceed without the aid of counsel and the court is
satisfied, pursuant to subdivision six of this section, that the
defendant made such decision with knowledge of the significance thereof.