In People v. Caruso (2002 NY Slip Op 40027 [U] [Sullivan County Ct, Mar. 4, 2002]) a Town of Delaware Justice signed an arrest warrant for Caruso after reading a felony complaint given to him by a deputy sheriff at the sheriff's department which is in the Village of Monticello, Town of Thompson. The primary issue in Caruso was whether defendant's right to counsel had attached pursuant to People v. Samuels (49 NY2d 218). The court concluded that it had not because the arrest warrant was a nullity. As the court noted, a criminal action is commenced by the filing of an accusatory instrument against the defendant in a criminal court ( CPL 1.20 [17]). A warrant of arrest is a process issued by a local criminal court directing a police officer to arrest a defendant designated in an accusatory instrument filed with such court and to bring him before such court in connection with such instrument. ( CPL 120.10 [1]; cf. People v. Harris, 77 NY2d 434.) The court concluded that handing the accusatory instrument to the Town of Delaware Judge outside of his jurisdiction did not constitute the required "filing" of the accusatory instrument with the court. Accordingly, the County Court deemed the warrant a nullity.