2020 New York Laws
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 - Orders of Recognizance or Bail With Respect to Defendants in Criminal Actions and Proceedings--When and by What Courts Authorized
530.30 - Order of Recognizance, Release Under Non-Monetary Conditions or Bail; by Superior Court Judge When Action Is Pending in Local Criminal Court.

Universal Citation:
NY Crim Pro L § 530.30 (2020)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§ 530.30 Order of recognizance, release under non-monetary conditions or
             bail;  by  superior  court  judge when action is pending in
             local criminal court.
  1. When a criminal action is pending in a local criminal court,  other
than  one  consisting of a superior court judge sitting as such, a judge
of a  superior  court  holding  a  term  thereof  in  the  county,  upon
application  of  a  defendant,  may  order  recognizance,  release under
non-monetary conditions or,  where  authorized,  bail  when  such  local
criminal court:

(a) Lacks authority to issue such an order, pursuant to the relevant provisions of section 530.20 of this article; or

(b) Has denied an application for recognizance, release under non-monetary conditions or bail; or

(c) Has fixed bail, where authorized, which is excessive; or

(d) Has set a securing order of release under non-monetary conditions which are more restrictive than necessary to reasonably assure the defendant's return to court. In such case, such superior court judge may vacate the order of such local criminal court and release the defendant on recognizance or under non-monetary conditions, or where authorized, fix bail in a lesser amount or in a less burdensome form, whichever are the least restrictive alternative and conditions that will reasonably assure the defendant's return to court. The court shall explain its choice of alternative and conditions on the record or in writing. 2. Notwithstanding the provisions of subdivision one of this section, when the defendant is charged with a felony in a local criminal court, a superior court judge may not order recognizance, release under non-monetary conditions or, where authorized, bail unless and until the district attorney has had an opportunity to be heard in the matter and such judge and counsel for the defendant have been furnished with a report as described in subparagraph (ii) of paragraph (b) of subdivision two of section 530.20 of this article. 3. Not more than one application may be made pursuant to this section.

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