530.20 - Order of recognizance or bail; by local criminal court when action is pending therein.

§  530.20    Order of recognizance or bail; by local criminal court when               action is pending therein.    When a criminal action is pending in  a  local  criminal  court,  such  court,  upon  application of a defendant, must or may order recognizance  or bail as follows:    1.    When  the  defendant  is  charged,  by  information,  simplified  information,  prosecutor's information or misdemeanor complaint, with an  offense or offenses of less than felony grade only, the court must order  recognizance or bail.    2.  When the defendant is charged, by felony complaint, with a felony,  the court may, in its discretion, order recognizance or bail  except  as  otherwise provided in this subdivision:    (a)    A  city  court,  a  town court or a village court may not order  recognizance or bail when (i) the defendant is charged with  a  class  A  felony,  or  (ii)  it appears that the defendant has two previous felony  convictions;    (b)   No local criminal court may  order  recognizance  or  bail  with  respect to a defendant charged with a felony unless and until:    (i)    The  district  attorney  has been heard in the matter or, after  knowledge or notice of the application and reasonable opportunity to  be  heard,  has  failed  to appear at the proceeding or has otherwise waived  his right to do so; and    (ii)  The court has been furnished with a report of  the  division  of  criminal  justice services concerning the defendant's criminal record if  any or with a police department report with respect to  the  defendant's  prior  arrest  record.   If neither report is available, the court, with  the  consent  of  the  district  attorney,  may   dispense   with   this  requirement;  provided, however, that in an emergency, including but not  limited to a substantial impairment in the ability of such  division  or  police  department to timely furnish such report, such consent shall not  be required if, for reasons stated on the record,  the  court  deems  it  unnecessary.   When the court has been furnished with any such report or  record, it shall furnish a copy thereof to counsel for the defendant or,  if the defendant is not represented by counsel, to the defendant.