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
530.45 - 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, release under non-monetary
conditions or bail and the court revokes such order and then, where
authorized, 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, or issues a more restrictive
securing order, a judge designated in subdivision two of this section,
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 as
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 release the defendant on the defendant's
own recognizance, release the defendant under non-monetary conditions,
or, where authorized, fix bail or fix bail in a lesser amount or in a
less burdensome form, or issue a less restrictive securing order, 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.
2-a. Notwithstanding the provisions of subdivision four of section
510.10, paragraph (b) of subdivision one of section 530.20 and
subdivision four of section 530.40 of this title, when a defendant
charged with an offense that is not such a qualifying offense is
convicted, whether by guilty plea or verdict, in such criminal action or
proceeding of an offense that is not a qualifying offense, the court
may, in accordance with law, issue a securing order: releasing the
defendant on the defendant's own recognizance or under non-monetary
conditions where authorized, fix bail, or remand the defendant to the
custody of the sheriff where authorized.
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.
