NY Crim Pro L § 510.30 (2021)
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 510 - Recognizance, Bail and Commitment-Determination of Application for Recognizance or Bail, Issuance of Securing Orders, and Related Matters 510.30 - Application for Securing Order; Rules of Law and Criteria Controlling Det Ermination.

§ 510.30 Application  for  securing  order;  rules  of  law and criteria            controlling determination.   1. With respect to any principal,  the  court  in  all  cases,  unless otherwise  provided  by  law, must impose the least restrictive kind and degree of control  or  restriction  that  is  necessary  to  secure  the principal's  return  to court when required. In determining that matter, the court must, on the basis of available information, consider and take into account information about the principal that  is  relevant  to  the principal's return to court, including:  (a) The principal's activities and history;  (b) If the principal is a defendant, the charges facing the principal;  (c) The principal's criminal conviction record if any;  (d)  The  principal's  record  of  previous adjudication as a juvenile delinquent, as retained pursuant to section 354.2 of  the  family  court act,  or,  of  pending cases where fingerprints are retained pursuant to section 306.1 of such act, or a youthful offender, if any;  (e) The principal's previous record with respect to  flight  to  avoid criminal prosecution;  (f)  If monetary bail is authorized, according to the restrictions set forth in this title, the principal's individual financial circumstances, and, in cases where bail is authorized, the principal's ability to  post bail  without  posing  undue  hardship, as well as his or her ability to obtain a secured, unsecured, or partially secured bond;  (g) Where the principal is charged with a crime or  crimes  against  a member  or  members  of  the  same  family  or household as that term is defined in  subdivision  one  of  section  530.11  of  this  title,  the following factors:  (i) any violation by the principal of an order of protection issued by any  court  for the protection of a member or members of the same family or household as that term is  defined  in  subdivision  one  of  section 530.11  of  this  title,  whether  or  not  such  order of protection is currently in effect; and  (ii) the principal's history of use or possession of a firearm; and  (h) If the principal is a defendant, in the case of an application for a securing order pending appeal, the merit  or  lack  of  merit  of  the appeal.   2.  Where  the  principal is a defendant-appellant in a pending appeal from a  judgment  of  conviction,  the  court  must  also  consider  the likelihood  of  ultimate  reversal of the judgment. A determination that the appeal is palpably without  merit  alone  justifies,  but  does  not require,  a  denial  of the application, regardless of any determination made with respect to the factors specified in subdivision  one  of  this section.   3.  When  bail  or recognizance is ordered, the court shall inform the principal, if the principal is a defendant charged with  the  commission of  a  felony,  that  the  release is conditional and that the court may revoke the order  of  release  and  may  be  authorized  to  commit  the principal  to  the  custody  of  the  sheriff  in  accordance  with  the provisions of subdivision two of section 530.60 of this chapter  if  the principal commits a subsequent felony while at liberty upon such order.