N.Y. CPL Law § 590.10

§ 590.10 Securing attendance of defendants who are outside the United\n States.\n 1. When a criminal action for an offense committed in this state is\npending in a criminal court of this state against a defendant who is in\na foreign country with which the United States has an extradition\ntreaty, and when the accusatory instrument charges an offense which is\ndeclared in such treaty to be an extraditable one, the district attorney\nof the county in which such offense was allegedly committed may make an\napplication to the Governor, requesting him to make an application to\nthe President of the United States to institute extradition proceedings\nfor the return of the defendant to this country and state for the\npurpose of prosecution of such action. The district attorney's\napplication must comply with rules, regulations and guidelines\nestablished by the Governor for such applications and must be\naccompanied by all the accusatory instruments, affidavits and other\ndocuments required by such rules, regulations and guidelines.\n 2. Upon receipt of the district attorney's application, the Governor,\nif satisfied that the defendant is in the foreign country in question,\nthat the offense charged is an extraditable one pursuant to the treaty\nin question, and that there are no factors or impediments which in law\npreclude such an extradition, may in his discretion make an application,\naddressed to the secretary of state of the United States, requesting\nthat the President of the United States institute extradition\nproceedings for the return of the defendant from such foreign country.\nThe Governor's application must comply with rules, regulations and\nguidelines established by the secretary of state for such applications\nand must be accompanied by all the accusatory instruments, affidavits\nand other documents required by such rules, regulations and guidelines.\n 3. If the Governor's application is granted and the extradition is\nachieved or attempted, all expenses incurred therein must be borne by\nthe county from which the application emanated.\n 4. The provisions of this section apply equally to extradition or\nattempted extradition of a person who is a fugitive following the entry\nof a judgment of conviction against him in a criminal court of this\nstate.\n