N.Y. Criminal Procedure Law § 530.50: Order of recognizance or bail; during pendency of appeal

§ 530.50 Order of recognizance or bail; during pendency of appeal.

1. A judge who is otherwise authorized pursuant to section 460.50 or

section 460.60 to issue an order of recognizance or bail pending the

determination of an appeal, may do so unless the defendant received a

class A felony sentence or a sentence for any class B or class C felony

offense 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.

2. 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 applies,

pending determination of an appeal, for an order of recognizance or

release on non-monetary conditions, where authorized, fixing bail, or

ordering non-monetary conditions in conjunction with fixing bail, a

judge identified in subdivision two of section 460.50 or paragraph (a)

of subdivision one of section 460.60 of this chapter may, in accordance

with law, and except as otherwise provided by law, issue a securing

order: releasing the defendant on the defendant's own recognizance or

under non-monetary conditions where authorized, fixing bail, or ordering

non-monetary conditions in conjunction with fixing bail, or remanding

the defendant to the custody of the sheriff where authorized.

3. Where an appeal by the people has been taken from an order

dismissing one or more counts of an accusatory instrument for failure to

comply with a discovery order pursuant to subdivision twelve of section

450.20 of this chapter and the defendant is charged with a qualifying

offense in the remaining counts in the accusatory instrument, pending

determination of an appeal, the defendant may apply for an order of

recognizance or release on non-monetary conditions, where authorized,

fixing bail, or ordering non-monetary conditions in conjunction with

fixing bail. A judge identified in subdivision two of section 460.50 of

this chapter or paragraph (a) of subdivision one of section 460.60 of

this chapter may, in accordance with law, and except as otherwise

provided by law, issue a securing order releasing the defendant on the

defendant's own recognizance or under non-monetary conditions where

authorized, fixing bail, or ordering non-monetary conditions in

conjunction with fixing bail, or remanding the defendant to the custody

of the sheriff where authorized.