N.Y. Crim. Proc. Law § 510.30

§ 510.30 Application for securing order; rules of law and criteria\n controlling determination.\n 1. With respect to any principal, the court in all cases, unless\notherwise provided by law, must impose the least restrictive kind and\ndegree of control or restriction that is necessary to secure the\nprincipal's return to court when required. In determining that matter,\nthe court must, on the basis of available information, consider and take\ninto account information about the principal that is relevant to the\nprincipal's return to court, including:\n (a) The principal's activities and history;\n (b) If the principal is a defendant, the charges facing the principal;\n (c) The principal's criminal conviction record if any;\n (d) The principal's record of previous adjudication as a juvenile\ndelinquent, as retained pursuant to section 354.2 of the family court\nact, or, of pending cases where fingerprints are retained pursuant to\nsection 306.1 of such act, or a youthful offender, if any;\n (e) The principal's previous record with respect to flight to avoid\ncriminal prosecution;\n (f) If monetary bail is authorized, according to the restrictions set\nforth in this title, the principal's individual financial circumstances,\nand, in cases where bail is authorized, the principal's ability to post\nbail without posing undue hardship, as well as his or her ability to\nobtain a secured, unsecured, or partially secured bond;\n (g) any violation by the principal of an order of protection issued by\nany court;\n (h) the principal's history of use or possession of a firearm;\n (i) whether the charge is alleged to have caused serious harm to an\nindividual or group of individuals; and\n (j) If the principal is a defendant, in the case of an application for\na securing order pending appeal, the merit or lack of merit of the\nappeal.\n 2. 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 subdivision one of this\nsection.\n 3. When bail or recognizance is ordered, the court shall inform the\nprincipal, if the principal is a defendant charged with the commission\nof a felony, that the release is conditional and that the court may\nrevoke the order of release and may be authorized to commit the\nprincipal to the custody of the sheriff in accordance with the\nprovisions of subdivision two of section 530.60 of this chapter if the\nprincipal commits a subsequent felony while at liberty upon such order.\n