NY Crim Pro L § 530.45 (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 530 - Orders of Recognizance or Bail With Respect to Defendants in Criminal Actions and Proceedings--When and by What Courts Authorized 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 order of recognizance, release under non-monetary conditions or bail and the court revokes  such  order  and  then,  where authorized, fixes no bail or 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 or fix bail in a lesser amount  or  in  a less  burdensome  form, 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 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.