2006 New York Code - Determination Of Proceeding.



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

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