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 530 - (530.10 - 530.80) ORDERS OF RECOGNIZANCE OR BAIL WITH RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS AND PROCEEDINGS--WHEN AND BY WHAT COURTS AUTHORIZED
530.60 - Order of recognizance or bail; revocation thereof.

§ 530.60 Order of recognizance or bail; revocation thereof.
    1.  Whenever  in  the  course  of  a  criminal  action or proceeding a
  defendant is at liberty as a result of an order of recognizance or  bail
  issued pursuant to this article, and the court considers it necessary to
  review  such order, it may, and by a bench warrant if necessary, require
  the defendant to appear before the  court.  Upon  such  appearance,  the
  court,  for  good  cause  shown, may revoke the order of recognizance or
  bail. If the defendant is entitled to recognizance or bail as  a  matter
  of  right,  the  court  must issue another such order. If he is not, the
  court may either issue such an order or  commit  the  defendant  to  the
  custody of the sheriff.
    2.  (a)  Whenever  in  the course of a criminal action or proceeding a
  defendant charged with the commission of a felony is  at  liberty  as  a
  result  of  an  order  of  recognizance  or bail issued pursuant to this
  article it shall be grounds for revoking such order that the court finds
  reasonable  cause  to  believe  the  defendant  committed  one  or  more
  specified  class A or violent felony offenses or intimidated a victim or
  witness in violation of sections 215.15, 215.16 or 215.17 of  the  penal
  law  while  at liberty. Before revoking an order of recognizance or bail
  pursuant to this subdivision, the court must hold a  hearing  and  shall
  receive  any  relevant,  admissible evidence not legally privileged. The
  defendant  may  cross-examine  witnesses  and  may   present   relevant,
  admissible  evidence on his own behalf. Such hearing may be consolidated
  with, and conducted at the same time  as,  a  felony  hearing  conducted
  pursuant  to article one hundred eighty of this chapter. A transcript of
  testimony  taken  before  the  grand  jury  upon  presentation  of   the
  subsequent  offense  shall be admissible as evidence during the hearing.
  The district attorney may move to introduce grand jury  testimony  of  a
  witness in lieu of that witness' appearance at the hearing.
    (b)  Revocation  of  an  order  of recognizance or bail and commitment
  pursuant to this subdivision shall be for the following periods, either:
    (i) For a period not to exceed ninety days exclusive of any periods of
  adjournment requested by the defendant; or
    (ii) Until the charges contained within the accusatory instrument have
  been reduced or dismissed such that no count remains which  charges  the
  defendant with commission of a felony; or
    (iii) Until reduction or dismissal of the charges contained within the
  accusatory instrument charging the subsequent offense such that no count
  remains  which  charges  the  defendant  with commission of a class A or
  violent felony offense.
    Upon expiration of any of the  three  periods  specified  within  this
  paragraph,  whichever  is  shortest, the court may grant or deny release
  upon an order of bail or recognizance in accordance with the  provisions
  of this article. Upon conviction to an offense the provisions of article
  five hundred thirty of this chapter shall apply.
    (c)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this
  subdivision a defendant, against whom a felony complaint has been  filed
  which  charges  the  defendant  with  commission of a class A or violent
  felony offense committed while he was at liberty as  specified  therein,
  may  be  committed  to  the  custody of the sheriff pending a revocation
  hearing for a period not to  exceed  seventy-two  hours.  An  additional
  period  not to exceed seventy-two hours may be granted by the court upon
  application of the district attorney upon a showing  of  good  cause  or
  where  the  failure  to  commence the hearing was due to the defendant's
  request or occurred with his consent. Such good cause  must  consist  of
  some  compelling  fact  or  circumstance  which precluded conducting the
  hearing within the initial prescribed period.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.