N.Y. Crim. Proc. Law § 510.30

§ 510.30 Application for recognizance or bail; rules of law and criteria\n controlling determination.\n 1. Determinations of applications for recognizance or bail are not in\nall cases discretionary but are subject to rules, prescribed in article\nfive hundred thirty and other provisions of law relating to specific\nkinds of criminal actions and proceedings, providing (a) that in some\ncircumstances such an application must as a matter of law be granted,\n(b) that in others it must as a matter of law be denied and the\nprincipal committed to or retained in the custody of the sheriff, and\n(c) that in others the granting or denial thereof is a matter of\njudicial discretion.\n 2. To the extent that the issuance of an order of recognizance or bail\nand the terms thereof are matters of discretion rather than of law, an\napplication is determined on the basis of the following factors and\ncriteria:\n (a) With respect to any principal, the court must consider the kind\nand degree of control or restriction that is necessary to secure his\ncourt attendance when required. In determining that matter, the court\nmust, on the basis of available information, consider and take into\naccount:\n (i) The principal's character, reputation, habits and mental\ncondition;\n (ii) His employment and financial resources; and\n (iii) His family ties and the length of his residence if any in the\ncommunity; and\n (iv) His criminal record if any; and\n (v) His record of previous adjudication as a juvenile delinquent, as\nretained pursuant to section 354.2 of the family court act, or, of\npending cases where fingerprints are retained pursuant to section 306.1\nof such act, or a youthful offender, if any; and\n (vi) His previous record if any in responding to court appearances\nwhen required or with respect to flight to avoid criminal prosecution;\nand\n (vii) Where the principal is charged with a crime or crimes against a\nmember or members of the same family or household as that term is\ndefined in subdivision one of section 530.11 of this title, the\nfollowing factors:\n (A) any violation by the principal of an order of protection issued by\nany court for the protection of a member or members of the same family\nor household as that term is defined in subdivision one of section\n530.11 of this title, whether or not such order of protection is\ncurrently in effect; and\n (B) the principal's history of use or possession of a firearm; and\n (viii) If he is a defendant, the weight of the evidence against him in\nthe pending criminal action and any other factor indicating probability\nor improbability of conviction; or, in the case of an application for\nbail or recognizance pending appeal, the merit or lack of merit of the\nappeal; and\n (ix) If he is a defendant, the sentence which may be or has been\nimposed upon conviction.\n (b) Where the principal is a defendant-appellant in a pending appeal\nfrom a judgment of conviction, the court must also consider the\nlikelihood of ultimate reversal of the judgment. A determination that\nthe appeal is palpably without merit alone justifies, but does not\nrequire, a denial of the application, regardless of any determination\nmade with respect to the factors specified in paragraph (a).\n 3. When bail or recognizance is ordered, the court shall inform the\nprincipal, if he is a defendant charged with the commission of a felony,\nthat the release is conditional and that the court may revoke the order\nof release and commit the principal to the custody of the sheriff in\naccordance with the provisions of subdivision two of section 530.60 of\nthis chapter if he commits a subsequent felony while at liberty upon\nsuch order.\n