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This entry was published on 2023-06-09
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SECTION 510.30
Application for securing order; rules of law and criteria controlling determination
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE P, ARTICLE 510
§ 510.30 Application for securing order; rules of law and criteria

controlling determination.

1. With respect to any principal, the court in all cases, unless
otherwise provided by law, must impose a securing order in accordance
with section 510.10 of this article, and shall explain the basis for its
determination and choice of securing order on the record or in writing.

2. Where the principal is a defendant-appellant in a pending appeal
from a judgment of conviction, the court must also consider the
likelihood of ultimate reversal of the judgment. A determination that
the appeal is palpably without merit alone justifies, but does not
require, a denial of the application, regardless of any determination
made with respect to the factors specified in subdivision one of this
section.

3. When bail or recognizance is ordered, the court shall inform the
principal, if the principal is a defendant charged with the commission
of a felony, that the release is conditional and that the court may
revoke the order of release and may be authorized to commit the
principal to the custody of the sheriff in accordance with the
provisions of subdivision two of section 530.60 of this chapter if the
principal commits a subsequent felony while at liberty upon such order.