Legal Opinion

Informal Opinion No.

New York Attorney General Reports

Decided May 13, 1987Published

1Opinion of the Court

John W. Park, Esq. County Attorney, Ontario

You have asked the following question:

"When a defendant is arrested pursuant to superior court warrant for arraignment under felony indictment, or for failure to appear subsequent to arraignment pursuant to court directions, and if the Court is in adjournment at the time of arrest, is the Sheriff authorized to retain custody of the defendant pursuant to the warrant, without further order of commitment, [while waiting] to deliver the defendant to the superior court in which the warrant is returnable without unnecessary delay?"

Your letter notes that…

2Cases cited2 opinions

  1. People v. WynnNew York Supreme Court · 1980
  2. Hilts v. StateNew York Court of Claims · 1965

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