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 Laws of New York (Last Updated: November 21, 2014)
  CPL Criminal Procedure
 Part THREE. 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 AND COMMITMENT
 Article 530. ORDERS OF RECOGNIZANCE OR BAIL WITH RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS AND PROCEEDINGS--WHEN AND BY WHAT COURTS AUTHORIZED

  Section 530.40. Order of recognizance or bail; by superior court when action is pending therein  

Latest version. 
  • When  a  criminal  action  is pending in a superior court, such court,
  upon application of a defendant, must or may order recognizance or  bail
  as follows:
    1.  When  the defendant is charged with an offense or offenses of less
  than felony grade only, the court must order recognizance or bail.
    2. When the defendant is charged with a felony, the court may, in  its
  discretion,  order  recognizance  or  bail. In any such case in which an
  indictment (a) has resulted from an order  of  a  local  criminal  court
  holding the defendant for the action of the grand jury, or (b) was filed
  at  a time when a felony complaint charging the same conduct was pending
  in a local criminal court, and in which such local criminal court  or  a
  superior  court  judge has issued an order of recognizance or bail which
  is still effective, the superior court's order may be in the form  of  a
  direction continuing the effectiveness of the previous order.
    3. Notwithstanding the provisions of subdivision two, a superior court
  may  not  order recognizance or bail, or permit a defendant to remain at
  liberty pursuant to an existing order, after he has  been  convicted  of
  either:  (a)  a  class  A  felony  or  (b) any class B or class C felony
  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.  In  either  case  the
  court must commit or remand the defendant to the custody of the sheriff.
    4. Notwithstanding the provisions of subdivision two, a superior court
  may  not order recognizance or bail when the defendant is charged with a
  felony unless and until the district attorney has had an opportunity  to
  be  heard  in the matter and such court has been furnished with a report
  as described in subparagraph (ii) of paragraph (b) of subdivision two of
  section 530.20.