N.Y. Criminal Procedure Law § 510.20: Application for a change in securing order

§ 510.20 Application for a change in securing order.

1. Upon any occasion when a court has issued a securing order with

respect to a principal and the principal is confined in the custody of

the sheriff as a result of the securing order or a previously issued

securing order, the principal may make an application for recognizance,

release under non-monetary conditions, bail, a reduction of bail, or

imposition of non-monetary conditions in conjunction with bail or a

reduction of bail.

2. (a) The principal is entitled to representation by counsel in the

making and presentation of such application. If the principal is

financially unable to obtain counsel, counsel shall be assigned to the

principal.

(b) Upon such application, the principal must be accorded an

opportunity to be heard, present evidence and to contend that an order

of recognizance, release under non-monetary conditions or, where

authorized, bail, a reduction of bail, or imposition of non-monetary

conditions in conjunction with bail or a reduction of bail, must or

should issue, that the court should release the principal on the

principal's own recognizance or under non-monetary conditions rather

than fix bail, or where bail has been imposed, reduce the amount of bail

and impose non-monetary conditions, where authorized under this title,

and that if bail is authorized and fixed it should be in a suggested

amount and form.

3. When an application for a change in securing order is brought under

this section and one or more of the charge or charges on which such

securing order was based have been dismissed and/or reduced such that

the securing order is no longer supported by the provisions of section

510.10 of this article, the court shall impose a new securing order in

accordance with such section.