§ 7010 — Determination of proceeding

New York § 7010

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 70: Habeas Corpus

Text

§ 7010. Determination of proceeding. (a) Discharge. If the person is\nillegally detained a final judgment shall be directed discharging him\nforthwith. No person detained shall be discharged for a defect in the\nform of the commitment, or because the person detaining him is not\nentitled to do so if another person is so entitled. A final judgment to\ndischarge a person may be enforced by the court issuing the order by\nattachment in the manner prescribed in subdivision (b) of section 7006.\n (b) Bail. If the person detained has been admitted to bail but the\namount fixed is so excessive as to constitute an abuse of discretion,\nand he is not ordered discharged, the court shall direct a final\njudgment reducing bail to a proper amount. If the person detained has\nbeen denied bail, and he is not ordered discharged, the court shall\ndirect a final judgment admitting him to bail forthwith, if he is\nentitled to be admitted to bail as a matter of right, or if it appears\nthat the denial of bail constituted an abuse of discretion. Such\njudgment must fix the amount of bail, specify the time and place at\nwhich the person detained is required to appear, and order his release\nupon bail being given in accordance with the criminal procedure law.\n (c) Remand. If the person detained is not ordered discharged and not\nadmitted to bail, a final judgment shall be directed dismissing the\nproceeding, and, if he was actually produced in court, remanding him to\nthe detention from which he was taken, unless the person then detaining\nhim was not entitled to do so, in which case he shall be remanded to\nproper detention.\n