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 › 530.45 - 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.