N.Y. Criminal Procedure Law § 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 securing order and the court revokes such order

and then, where authorized, fixes no bail, fixes bail in a greater

amount or in a more burdensome form than was previously fixed, or, in

conjunction with the imposition of non-monetary conditions, 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, which may be in conjunction with the imposition of non-monetary

conditions, fix bail in a lesser amount or in a less burdensome form,

which may be in conjunction with the imposition of non-monetary

conditions, 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 ordering non-monetary

conditions in conjunction with fixing 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.