New York Criminal Procedure Law Section 120.20 - Warrant of arrest; when issuable.

120.20 Warrant of arrest; when issuable.
1.  * When  a  criminal  action has been commenced in a local criminal
  court by the filing therewith of an accusatory instrument, other than  a
  simplified  traffic  information,  against  a defendant who has not been
  arraigned upon such accusatory instrument and has  not  come  under  the
  control of the court with respect thereto:
* NB Effective until October 1, 2018
* When  a criminal action has been commenced in a local criminal court
  or youth part of the superior  court  by  the  filing  therewith  of  an
  accusatory  instrument,  other  than  a  simplified traffic information,
  against a defendant who has not  been  arraigned  upon  such  accusatory
  instrument  and has not come under the control of the court with respect
  thereto:
* NB Effective October 1, 2018; see ch. 59/2017 Pt. WWW  106 sb b for
  further contingencies for 10/1/2019
(a) such court may, if such accusatory instrument is sufficient on its
  face, issue a warrant for such defendant's arrest; or
(b) if such accusatory instrument is not sufficient  on  its  face  as
  prescribed  in section 100.40, and if the court is satisfied that on the
  basis of the available facts or evidence it would be impossible to  draw
  and  file  an  accusatory instrument that is sufficient on its face, the
  court must dismiss the accusatory instrument.
2. Even though such accusatory instrument is sufficient on  its  face,
  the court may refuse to issue a warrant of arrest based thereon until it
  has  further  satisfied  itself, by inquiry or examination of witnesses,
  that there is reasonable cause to believe that the  defendant  committed
  an  offense  charged.  Upon  such  inquiry or examination, the court may
  examine, under oath or otherwise, any available person whom it  believes
  may possess knowledge concerning the subject matter of the charge.
3. Notwithstanding the provisions of subdivision one, if a summons may
  be issued in lieu of a warrant of arrest pursuant to section 130.20, and
  if  the  court  is satisfied that the defendant will respond thereto, it
  may not issue a warrant of arrest. Upon  the  request  of  the  district
  attorney,  in  lieu  of  a  warrant  of arrest or summons, the court may
  instead authorize the district  attorney  to  direct  the  defendant  to
  appear  for arraignment on a designated date if it is satisfied that the
  defendant will so appear.

Last modified: February 3, 2019