§ 530.50 Order of recognizance or bail; during pendency of appeal.\n 1. A judge who is otherwise authorized pursuant to section 460.50 or\nsection 460.60 to issue an order of recognizance or bail pending the\ndetermination of an appeal, may do so unless the defendant received a\nclass A felony sentence or a sentence for any class B or class C felony\noffense defined in article one hundred thirty of the penal law committed\nor attempted to be committed by a person eighteen years of age or older\nagainst a person less than eighteen years of age.\n 2. Notwithstanding the provisions of subdivision four of section\n510.10, paragraph (b) of subdivision one of section 530.20 and\nsubdivision four of section 530.40 of this title, when a defendant\ncharged with an offense that is not such a qualifying offense applies,\npending determination of an appeal, for an order of recognizance or\nrelease on non-monetary conditions, where authorized, fixing bail, or\nordering non-monetary conditions in conjunction with fixing bail, a\njudge identified in subdivision two of section 460.50 or paragraph (a)\nof subdivision one of section 460.60 of this chapter may, in accordance\nwith law, and except as otherwise provided by law, issue a securing\norder: releasing the defendant on the defendant's own recognizance or\nunder non-monetary conditions where authorized, fixing bail, or ordering\nnon-monetary conditions in conjunction with fixing bail, or remanding\nthe defendant to the custody of the sheriff where authorized.\n 3. Where an appeal by the people has been taken from an order\ndismissing one or more counts of an accusatory instrument for failure to\ncomply with a discovery order pursuant to subdivision twelve of section\n450.20 of this chapter and the defendant is charged with a qualifying\noffense in the remaining counts in the accusatory instrument, pending\ndetermination of an appeal, the defendant may apply for an order of\nrecognizance or release on non-monetary conditions, where authorized,\nfixing bail, or ordering non-monetary conditions in conjunction with\nfixing bail. A judge identified in subdivision two of section 460.50 of\nthis chapter or paragraph (a) of subdivision one of section 460.60 of\nthis chapter may, in accordance with law, and except as otherwise\nprovided by law, issue a securing order releasing the defendant on the\ndefendant's own recognizance or under non-monetary conditions where\nauthorized, fixing bail, or ordering non-monetary conditions in\nconjunction with fixing bail, or remanding the defendant to the custody\nof the sheriff where authorized.\n
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