You are here: / / IN ORDER FOR THE ARREST IN CORTLAND COUNTY ON A JEFFERSON COUNTY WARRANT...

IN ORDER FOR THE ARREST IN CORTLAND COUNTY ON A JEFFERSON COUNTY WARRANT TO BE VALID THE WARRANT MUST BE ENDORSED BY A JUDGE IN CORTLAND COUNTY BEFORE THE ARREST; HERE THE WARRANT WAS ENDORSED AFTER THE ARREST (FOURTH DEPT).

The Fourth Department, reversing County Court, determined law enforcement in Cortland County did not have the authority to stop defendant’s vehicle and “detain” him on a Jefferson County arrest warrant which had not yet been endorsed by a town justice in Cortland County. To constitute a valid arrest, the warrant must have been endorsed in Cortland County before, not after, the arrest:

… [T]he statute provides that an arrest warrant issued by a city court, a town court, or a village court may be executed “[a]nywhere else in the state upon the written endorsement thereon of a local criminal court of the county in which the arrest is to be made” (CPL 120.70 [2] [b] …). As defendant correctly contends, inasmuch as “[t]he use of the future tense . . . indicates that the statute was intended to relate to [the] future act” of an arrest, the plain meaning of the statutory language indicates that the requisite endorsement must be obtained prior to execution of a subject arrest warrant in a non-issuing or non-adjoining county … . People v Burke, 2023 NY Slip Op 05083, Fourth Dept 10-6-23

Practice Point: When the counties are not contiguous, the arrest in one county on a warrant issued in another county will only be valid if the out-of-county warrant is first endorsed by a judge in the county where the arrest is made.

 

You might also like
FAMILY COURT SHOULD NOT HAVE REFUSED TO ALLOW A SETTLEMENT OF THIS CHILD SUPPORT PROCEEDING, MOTHER AGREED FATHER’S JAIL SENTENCE SHOULD BE SUSPENDED IN RETURN FOR FATHER’S AGREEMENT TO PAY (FOURTH DEPT).
EVIDENCE OF ROUTINE MAINTENANCE OF THE PARKING LOT WHERE PLAINTIFF ALLEGEDLY FELL, I.E. EVIDENCE OF HABIT, PROPERLY ADMITTED IN THIS ICE AND SNOW SLIP AND FALL CASE (FOURTH DEPT).
A SCHOOL FACULTY MEMBER WHO YELLED “BE QUIET” INTO A MICROPHONE, THE LOUDNESS OF WHICH WAS ALLEGED TO HAVE INJURED PLAINTIFF’S CHILD, DID NOT BREACH A DUTY OWED TO THE STUDENT; THE SCHOOL DISTRICT’S MOTION FOR A DIRECTED VERDICT SHOULD HAVE BEEN GRANTED (FOURTH DEPT).
WHETHER A SUCCESSFUL MOTION TO DISMISS COULD HAVE BEEN MADE ON DOUBLE JEOPARDY GROUNDS PURSUANT TO CPL 40.20 COULD NOT HAVE BEEN DETERMINED ON DIRECT APPEAL, THEREFORE DEFENDANT’S MOTION TO VACATE HIS CONVICTION ON INEFFECTIVE ASSISTANCE GROUNDS SHOULD NOT HAVE BEEN DISMISSED WITHOUT A HEARING (FOURTH DEPT).
LAWSUIT ALLEGING CONSTITUTIONALLY DEFICIENT FUNDING FOR CHARTER SCHOOL FACILITIES SHOULD HAVE BEEN DISMISSED IN ITS ENTIRETY.
Evidence Insufficient to Support Criminal Contempt in the First Degree—No Evidence of Intent to Harass (Two Dissenting Justices)
Failure to Strictly Comply With Notice Requirement in the Civil Service Law Rendered the Involuntary Leave Imposed Upon the Petitioner-Firefighter a Nullity—Petitioner Entitled to Back Pay for Leave Period—Petitioner Properly Deemed Unfit for Active Duty Due to His Inability to Manage Diabetic Symptoms
HERE THE NEW STATUTE REQUIRING THE PEOPLE TO FILE AND SERVE A CERTIFICATE OF COMPLIANCE WITH DISCOVERY OBLIGATIONS WENT INTO EFFECT AFTER THE PEOPLE HAD ANNOUNCED READINESS FOR TRIAL; THE STATUTE RETURNED THE PEOPLE TO A STATE OF UNREADINESS; DEFENDANT’S MOTION TO DISMISS ON SPEEDY-TRIAL GROUNDS SHOULD HAVE BEEN GRANTED (FOURTH DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

A DEFENDANT WHO MOVES TO VACATE A DEFAULT JUDGMENT FOR LACK OF PERSONAL JURISDICTION... LYING TO AN INVESTIGATOR WHO RECORDS THE LIE IN A REPORT CANNOT BE THE BASIS...