2010 New York Code
CPL - Criminal Procedure
Part 3 - SPECIAL PROCEEDINGS AND MISCELLANEOUS PROCEDURES
Title P - PROCEDURES FOR SECURING ATTENDANCE AT CRIMINAL ACTIONS AND PROCEEDINGS OF DEFENDANTS AND WITNESSES UNDER CONTROL OF COURT--RECOGNIZANCE, BAIL
Article 510 - (510.10 - 510.50) RECOGNIZANCE, BAIL AND COMMITMENT-DETERMINATION OF APPLICATION FOR RECOGNIZANCE OR BAIL, ISSUANCE OF SECURING ORDERS, AND RELATED MATTERS
510.30 - Application for recognizance or bail; rules of law and criteria controlling determination.

§  510.30    Application  for  recognizance  or  bail;  rules of law and
               criteria controlling determination.
    1.  Determinations of applications for recognizance or bail are not in
  all cases discretionary but are subject to rules, prescribed in  article
  five  hundred  thirty  and  other provisions of law relating to specific
  kinds of criminal actions and proceedings, providing (a)  that  in  some
  circumstances  such  an  application must as a matter of law be granted,
  (b) that in others it must  as  a  matter  of  law  be  denied  and  the
  principal  committed  to  or retained in the custody of the sheriff, and
  (c) that in others the  granting  or  denial  thereof  is  a  matter  of
  judicial discretion.
    2.    To  the  extent that the issuance of an order of recognizance or
  bail and the terms thereof are matters of discretion rather than of law,
  an application is determined on the basis of the following  factors  and
  criteria:
    (a)    With respect to any principal, the court must consider the kind
  and degree of control or restriction that is  necessary  to  secure  his
  court  attendance  when required.  In determining that matter, the court
  must, on the basis of available  information,  consider  and  take  into
  account:
    (i)     The  principal's  character,  reputation,  habits  and  mental
  condition;
    (ii)  His employment and financial resources; and
    (iii)  His family ties and the length of his residence if any  in  the
  community; and
    (iv)  His criminal record if any; and
    (v)   His record of previous adjudication as a juvenile delinquent, as
  retained pursuant to section 354.2 of  the  family  court  act,  or,  of
  pending  cases where fingerprints are retained pursuant to section 306.1
  of such act, or a youthful offender, if any; and
    (vi)  His previous record if any in responding  to  court  appearances
  when  required  or with respect to flight to avoid criminal prosecution;
  and
    (vii)  If he is a defendant, the weight of the evidence against him in
  the pending criminal action and any other factor indicating  probability
  or  improbability  of  conviction; or, in the case of an application for
  bail or recognizance pending appeal, the merit or lack of merit  of  the
  appeal; and
    (viii)    If  he is a defendant, the sentence which may be or has been
  imposed upon conviction.
    (b)  Where the principal is a defendant-appellant in a pending  appeal
  from  a  judgment  of  conviction,  the  court  must  also  consider the
  likelihood of ultimate reversal of the judgment.   A determination  that
  the  appeal  is  palpably  without  merit  alone justifies, but does not
  require, a denial of the application, regardless  of  any  determination
  made with respect to the factors specified in paragraph (a).
    3.  When  bail  or recognizance is ordered, the court shall inform the
  principal, if he is a defendant charged with the commission of a felony,
  that the release is conditional and that the court may revoke the  order
  of  release  and  commit  the principal to the custody of the sheriff in
  accordance with the provisions of subdivision two of section  530.60  of
  this  chapter  if  he  commits a subsequent felony while at liberty upon
  such order.