2006 New York Code - Order Of Recognizance Or Bail; After Conviction And Before Sentence.

 
  §  530.45  Order  of  recognizance  or bail; after conviction and before
             sentence.
    1. When the defendant is at liberty in the course of a criminal action
  as a result of a prior order of  recognizance  or  bail  and  the  court
  revokes  such  order  and  then  either fixes no bail or fixes bail in a
  greater amount or in a more burdensome form than  was  previously  fixed
  and  remands or commits defendant to the custody of the sheriff, a judge
  designated  in  subdivision  two,  upon  application  of  the  defendant
  following  conviction  of  an  offense  other than a class A felony or a
  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, and before sentencing, may issue a  securing  order  and  either
  release defendant on his own recognizance, or fix bail, or fix bail in a
  lesser  amount  or  in a less burdensome form than fixed by the court in
  which the conviction was entered.
    2. An order as prescribed in subdivision one  may  be  issued  by  the
  following judges in the indicated situations:
    (a)  If  the  criminal  action  was pending in supreme court or county
  court, such order may be issued by a justice of the  appellate  division
  of the department in which the conviction was entered.
    (b) If the criminal action was pending in a local criminal court, such
  order  may  be  issued  by  a  judge  of a superior court holding a term
  thereof in the county in which the conviction was entered.
    3. An application for an order specified in this section must be  made
  upon  reasonable  notice  to the people, and the people must be accorded
  adequate opportunity to appear in opposition thereto. Not more than  one
  application  may be made pursuant to this section. Defendant must allege
  in his application that he intends to take an appeal to an  intermediate
  appellate court immediately after sentence is pronounced.
    4. Notwithstanding the provisions of subdivision one, if within thirty
  days  after  sentence  the  defendant  has  not  taken  an  appeal to an
  intermediate  appellate  court  from  the  judgment  or  sentence,   the
  operation  of  such  order  terminates  and the defendant must surrender
  himself to the criminal court in which the judgment was entered in order
  that execution of the judgment be commenced.
    5. Notwithstanding the provisions of subdivision one,  if  within  one
  hundred twenty days after the filing of the notice of appeal such appeal
  has  not  been  brought  to argument in or submitted to the intermediate
  appellate  court,  the  operation  of  such  order  terminates  and  the
  defendant  must  surrender  himself  to  the criminal court in which the
  judgment was  entered  in  order  that  execution  of  the  judgment  be
  commenced  or resumed; except that this subdivision does not apply where
  the intermediate appellate court has (a) extended the time for  argument
  or submission of the appeal to a date beyond the specified period of one
  hundred  twenty  days,  and  (b)  upon  application  of  the  defendant,
  expressly ordered that the operation of the  order  continue  until  the
  date  of the determination of the appeal or some other designated future
  date or occurrence.
    6. Where the defendant is at liberty during the pendency of an  appeal
  as   a  result  of  an  order  issued  pursuant  to  this  section,  the
  intermediate appellate court, upon affirmance of the judgment,  must  by
  appropriate  certificate  remit  the case to the criminal court in which
  such judgment was entered. The criminal court must, upon  at  least  two
  days  notice  to  the  defendant,  his surety and his attorney, promptly
  direct the defendant to surrender himself to the criminal court in order
  that execution of the judgment be commenced or resumed, and if necessary
  the criminal court may issue a bench warrant to secure his appearance.