2021 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.

§ 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.