Section 530.60. Order of recognizance or bail; revocation thereof  


Latest version.
  • 1.  Whenever  in  the  course  of  a  criminal  action or proceeding a
      defendant is at liberty as a result of an order of recognizance or  bail
      issued pursuant to this article, and the court considers it necessary to
      review  such order, it may, and by a bench warrant if necessary, require
      the defendant to appear before the  court.  Upon  such  appearance,  the
      court,  for  good  cause  shown, may revoke the order of recognizance or
      bail. If the defendant is entitled to recognizance or bail as  a  matter
      of  right,  the  court  must issue another such order. If he is not, the
      court may either issue such an order or  commit  the  defendant  to  the
      custody of the sheriff.
        2.  (a)  Whenever  in  the course of a criminal action or proceeding a
      defendant charged with the commission of a felony is  at  liberty  as  a
      result  of  an  order  of  recognizance  or bail issued pursuant to this
      article it shall be grounds for revoking such order that the court finds
      reasonable  cause  to  believe  the  defendant  committed  one  or  more
      specified  class A or violent felony offenses or intimidated a victim or
      witness in violation of sections 215.15, 215.16 or 215.17 of  the  penal
      law  while  at liberty. Before revoking an order of recognizance or bail
      pursuant to this subdivision, the court must hold a  hearing  and  shall
      receive  any  relevant,  admissible evidence not legally privileged. The
      defendant  may  cross-examine  witnesses  and  may   present   relevant,
      admissible  evidence on his own behalf. Such hearing may be consolidated
      with, and conducted at the same time  as,  a  felony  hearing  conducted
      pursuant  to article one hundred eighty of this chapter. A transcript of
      testimony  taken  before  the  grand  jury  upon  presentation  of   the
      subsequent  offense  shall be admissible as evidence during the hearing.
      The district attorney may move to introduce grand jury  testimony  of  a
      witness in lieu of that witness' appearance at the hearing.
        (b)  Revocation  of  an  order  of recognizance or bail and commitment
      pursuant to this subdivision shall be for the following periods, either:
        (i) For a period not to exceed ninety days exclusive of any periods of
      adjournment requested by the defendant; or
        (ii) Until the charges contained within the accusatory instrument have
      been reduced or dismissed such that no count remains which  charges  the
      defendant with commission of a felony; or
        (iii) Until reduction or dismissal of the charges contained within the
      accusatory instrument charging the subsequent offense such that no count
      remains  which  charges  the  defendant  with commission of a class A or
      violent felony offense.
        Upon expiration of any of the  three  periods  specified  within  this
      paragraph,  whichever  is  shortest, the court may grant or deny release
      upon an order of bail or recognizance in accordance with the  provisions
      of this article. Upon conviction to an offense the provisions of article
      five hundred thirty of this chapter shall apply.
        (c)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this
      subdivision a defendant, against whom a felony complaint has been  filed
      which  charges  the  defendant  with  commission of a class A or violent
      felony offense committed while he was at liberty as  specified  therein,
      may  be  committed  to  the  custody of the sheriff pending a revocation
      hearing for a period not to  exceed  seventy-two  hours.  An  additional
      period  not to exceed seventy-two hours may be granted by the court upon
      application of the district attorney upon a showing  of  good  cause  or
      where  the  failure  to  commence the hearing was due to the defendant's
      request or occurred with his consent. Such good cause  must  consist  of
      some  compelling  fact  or  circumstance  which precluded conducting the
      hearing within the initial prescribed period.