§ 530.45 — Order of recognizance or bail; after conviction and before sentence

New York § 530.45

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title P: Procedures For Securing Attendance At Criminal Actions and Proceedings of Defendants and Witnesses Under Control of Court--recognizance, Bail and Commitment
• Part 3: Special Proceedings and Miscellaneous Procedures
• Art. 530: Orders of Recognizance or Bail With Respect to Defendants In Criminal Actions and Proceedings--when and By What Courts Authorized

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§ 530.45 Order of recognizance or bail; after conviction and before\n sentence.\n 1. When the defendant is at liberty in the course of a criminal action\nas a result of a prior securing order and the court revokes such order\nand then, where authorized, fixes no bail, fixes bail in a greater\namount or in a more burdensome form than was previously fixed, or, in\nconjunction with the imposition of non-monetary conditions, fixes bail\nin a greater amount or in a more burdensome form than was previously\nfixed and remands or commits defendant to the custody of the sheriff, or\nissues a more restrictive securing order, a judge designated in\nsubdivision two of this section, upon application of the defendant\nfollowing conviction of an offense other than a class A felony or a\nclass B or class C felony offense as defined in article one hundred\nthirty of the penal law committed or attempted to be committed by a\nperson eighteen years of age or older against a person less than\neighteen years of age, and before sentencing, may issue a securing order\nand release the defendant on the defendant's own recognizance, release\nthe defendant under non-monetary conditions, or, where authorized, fix\nbail, which may be in conjunction with the imposition of non-monetary\nconditions, fix bail in a lesser amount or in a less burdensome form,\nwhich may be in conjunction with the imposition of non-monetary\nconditions, or issue a less restrictive securing order, than fixed by\nthe court in which the conviction was entered.\n 2. An order as prescribed in subdivision one may be issued by the\nfollowing judges in the indicated situations:\n (a) If the criminal action was pending in supreme court or county\ncourt, such order may be issued by a justice of the appellate division\nof the department in which the conviction was entered.\n (b) If the criminal action was pending in a local criminal court, such\norder may be issued by a judge of a superior court holding a term\nthereof in the county in which the conviction was entered.\n 2-a. Notwithstanding the provisions of subdivision four of section\n510.10, paragraph (b) of subdivision one of section 530.20 and\nsubdivision four of section 530.40 of this title, when a defendant\ncharged with an offense that is not such a qualifying offense is\nconvicted, whether by guilty plea or verdict, in such criminal action or\nproceeding of an offense that is not a qualifying offense, the court\nmay, in accordance with law, issue a securing order: releasing the\ndefendant on the defendant's own recognizance or under non-monetary\nconditions where authorized, fix bail, or ordering non-monetary\nconditions in conjunction with fixing bail, or remand the defendant to\nthe custody of the sheriff where authorized.\n 3. An application for an order specified in this section must be made\nupon reasonable notice to the people, and the people must be accorded\nadequate opportunity to appear in opposition thereto. Not more than one\napplication may be made pursuant to this section. Defendant must allege\nin his application that he intends to take an appeal to an intermediate\nappellate court immediately after sentence is pronounced.\n 4. Notwithstanding the provisions of subdivision one, if within thirty\ndays after sentence the defendant has not taken an appeal to an\nintermediate appellate court from the judgment or sentence, the\noperation of such order terminates and the defendant must surrender\nhimself to the criminal court in which the judgment was entered in order\nthat execution of the judgment be commenced.\n 5. Notwithstanding the provisions of subdivision one, if within one\nhundred twenty days after the filing of the notice of appeal such appeal\nhas not been brought to argument in or submitted to the intermediate\nappellate court, the operation of such order terminates and the\ndefendant must surrender himself to the criminal court in which the\njudgment was entered in order that execution of the judgment be\ncommenced or resumed; except that this subdivision does not apply where\nthe intermediate appellate court has (a) extended the time for argument\nor submission of the appeal to a date beyond the specified period of one\nhundred twenty days, and (b) upon application of the defendant,\nexpressly ordered that the operation of the order continue until the\ndate of the determination of the appeal or some other designated future\ndate or occurrence.\n 6. Where the defendant is at liberty during the pendency of an appeal\nas a result of an order issued pursuant to this section, the\nintermediate appellate court, upon affirmance of the judgment, must by\nappropriate certificate remit the case to the criminal court in which\nsuch judgment was entered. The criminal court must, upon at least two\ndays notice to the defendant, his surety and his attorney, promptly\ndirect the defendant to surrender himself to the criminal court in order\nthat execution of the judgment be commenced or resumed, and if necessary\nthe criminal court may issue a bench warrant to secure his appearance.\n