Informal Opinion No.

Jerome A. Mirabito, Esq. City Attorney, Fulton

You ask what constitutes unreasonable delay by a police department in bringing an arrested person before a judge for arraignment.

Criminal Procedure Law, §§ 120.90, 140.20 and 210.10 set forth specific pre-arraignment procedures to be followed by the police subsequent to an arrest either with or without a warrant. These provisions mandate that the defendant be brought by the arresting officer "without unnecessary delay" before a local or superior court for arraignment (Criminal Procedure Law, §§ 120.90[1], 140.20[1],210.10[2], [3]). Since no…