2006 New York Code - Order Of Recognizance Or Bail; By Local Criminal Court When Action Is Pending Therein.

 
  §  530.20    Order of recognizance or bail; by local criminal court when
               action is pending therein.
    When a criminal action is pending in  a  local  criminal  court,  such
  court,  upon  application of a defendant, must or may order recognizance
  or bail as follows:
    1.    When  the  defendant  is  charged,  by  information,  simplified
  information,  prosecutor's information or misdemeanor complaint, with an
  offense or offenses of less than felony grade only, the court must order
  recognizance or bail.
    2.  When the defendant is charged, by felony complaint, with a felony,
  the court may, in its discretion, order recognizance or bail  except  as
  otherwise provided in this subdivision:
    (a)    A  city  court,  a  town court or a village court may not order
  recognizance or bail when (i) the defendant is charged with  a  class  A
  felony,  or  (ii)  it appears that the defendant has two previous felony
  convictions;
    (b)   No local criminal court may  order  recognizance  or  bail  with
  respect to a defendant charged with a felony unless and until:
    (i)    The  district  attorney  has been heard in the matter or, after
  knowledge or notice of the application and reasonable opportunity to  be
  heard,  has  failed  to appear at the proceeding or has otherwise waived
  his right to do so; and
    (ii)  The court has been furnished with a report of  the  division  of
  criminal  justice services concerning the defendant's criminal record if
  any or with a police department report with respect to  the  defendant's
  prior  arrest  record.   If neither report is available, the court, with
  the  consent  of  the  district  attorney,  may   dispense   with   this
  requirement;  provided, however, that in an emergency, including but not
  limited to a substantial impairment in the ability of such  division  or
  police  department to timely furnish such report, such consent shall not
  be required if, for reasons stated on the record,  the  court  deems  it
  unnecessary.   When the court has been furnished with any such report or
  record, it shall furnish a copy thereof to counsel for the defendant or,
  if the defendant is not represented by counsel, to the defendant.