This is an official form from the New York State Unified Court, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New York statutes and law.
The Kings New York Notice of Proceeding for Approval of Judicial or Extrajudicial Surrender Instrument is a legal document used in the state of New York to seek approval for the surrender of a defendant to another jurisdiction. This document is typically filed when a defendant facing criminal charges in Kings County, New York, is requested to be transferred to another jurisdiction for prosecution or sentencing. The notice of proceeding is a formal request made to the court seeking approval for the surrender instrument, which is essentially an agreement between the relevant jurisdictions involved in the case. This instrument outlines the terms and conditions under which the defendant will be surrendered, including the specific charges they are facing, the location they will be transferred to, and the timeline for the transfer to take place. There are two types of surrender instruments that may be involved in a Notice of Proceeding for Approval of Judicial or Extrajudicial Surrender Instrument in Kings County, New York: 1. Judicial Surrender Instrument: This type of surrender instrument is used when the approval of the court in the surrendering jurisdiction is required. It typically involves obtaining a court order from the Kings County court, approving the defendant's transfer to the requesting jurisdiction. This type of instrument is used when the defendant agrees to the surrender voluntarily or when it is required by an extradition treaty or agreement. 2. Extrajudicial Surrender Instrument: In some cases, the surrender of the defendant may be facilitated without the need for a formal court order. This type of surrender instrument is known as an extrajudicial surrender instrument. It involves consent and cooperation between the jurisdictions involved, usually through mutual agreements or understandings between prosecutors or law enforcement authorities. This type of instrument is used when the defendant agrees to the surrender voluntarily, and there is no legal requirement for a court intervention or order. Regardless of the type of surrender instrument, the Notice of Proceeding for Approval of Judicial or Extrajudicial Surrender Instrument is a crucial legal document that ensures the proper legal transfer of a defendant from Kings County, New York, to another jurisdiction. It provides transparency and accountability in the transfer process, guaranteeing the defendant's rights and adherence to due process.
