530.30 - Order of recognizance or bail; by superior court judge when action is pending in local criminal court.
§ 530.30 Order of recognizance or bail; by superior court judge when action is pending in local criminal court. 1. When a criminal action is pending in a local criminal court, other than one consisting of a superior court judge sitting as such, a judge of a superior court holding a term thereof in the county, upon application of a defendant, may order recognizance or bail when such local criminal court: (a) Lacks authority to issue such an order, pursuant to paragraph (a) of subdivision two of section 530.20; or (b) Has denied an application for recognizance or bail; or (c) Has fixed bail which is excessive. In such case, such superior court judge may vacate the order of such local criminal court and release the defendant on his own recognizance or fix bail in a lesser amount or in a less burdensome form. 2. Notwithstanding the provisions of subdivision one, when the defendant is charged with a felony in a local criminal court, a superior court judge may not order recognizance or bail unless and until the district attorney has had an opportunity to be heard in the matter and such judge has been furnished with a report as described in subparagraph (ii) of paragraph (b) of subdivision two of section 530.20. 3. Not more than one application may be made pursuant to this section.