(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 in any case where he is
financially unable to obtain the same.
3. The court must inform the defendant of all rights specified in
subdivision two. The court must accord the defendant opportunity to
exercise such rights and must itself take such affirmative action as is
necessary to effectuate them.
5. If the defendant desires to proceed without the aid of counsel, the
court must permit him to do so 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. 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 two which are
necessary to effectuate it, and that he may exercise such rights at any
stage of the action.
6. Upon the arraignment, the court, unless it intends to make a final
disposition of the action immediately thereafter, must, as provided in
section 530.40, issue a securing order, releasing the defendant on his
own recognizance or fixing bail or committing him to the custody of the
sheriff for his future appearance in such action.
Structure New York Laws
Part 2 - The Principal Proceedings
Title I - Preliminary Proceedings in Superior Court
Article 210 - Proceedings in Superior Court From Filing of Indictment to Plea
210.05 - Indictment and Superior Court Information Exclusive Methods of Prosecution.
210.15 - Arraignment Upon Indictment; Defendant's Rights, Court's Instructions and Bail Matters.
210.16 - Requirement of HIV Related Testing in Certain Cases.
210.20 - Motion to Dismiss or Reduce Indictment.
210.25 - Motion to Dismiss Indictment; as Defective.
210.35 - Motion to Dismiss Indictment; Defective Grand Jury Proceeding.
210.40 - Motion to Dismiss Indictment; in Furtherance of Justice.
210.45 - Motion to Dismiss Indictment; Procedure.
210.46 - Adjournment in Contemplation of Dismissal in Marihuana Cases in a Superior Court.
210.47 - Adjournment in Contemplation of Dismissal in Misdemeanor Cases in Superior Court.