2023 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 › 530.50 - 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.