Legislation

Search OpenLegislation Statutes
This entry was published on 2020-07-03
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 530.50
Order of recognizance or bail; during pendency of appeal
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE P, ARTICLE 530
§ 530.50 Order of recognizance or bail; during pendency of appeal.

1. A judge who is otherwise authorized pursuant to section 460.50 or
section 460.60 to issue an order of recognizance or bail pending the
determination of an appeal, may do so unless the defendant received a
class A felony sentence or a sentence for any class B or class C felony
offense defined in article one hundred thirty of the penal law committed
or attempted to be committed by a person eighteen years of age or older
against a person less than eighteen years of age.

2. Notwithstanding the provisions of subdivision four of section
510.10, paragraph (b) of subdivision one of section 530.20 and
subdivision four of section 530.40 of this title, when a defendant
charged with an offense that is not such a qualifying offense applies,
pending determination of an appeal, for an order of recognizance or
release on non-monetary conditions, where authorized, or fixing bail, a
judge identified in subdivision two of section 460.50 or paragraph (a)
of subdivision one of section 460.60 of this chapter may, in accordance
with law, and except as otherwise provided by law, issue a securing
order: releasing the defendant on the defendant's own recognizance or
under non-monetary conditions where authorized, fixing bail, or
remanding the defendant to the custody of the sheriff where authorized.