CPL 530 VOLUME 4 Flashcards
530.60 Certain modifications of a securing order.
- Whenever in the course of a criminal action or proceeding a defendant is at liberty as a result of an order of recognizance, release under non-monetary conditions or bail, and the court considers it necessary to review such order, whether due to a motion by the people or otherwise, the court may, require the defendant to ________________
- Bench warrant may be issued if review is due to committing another crime while on liberty and they fail to appear
- Upon such appearance, the court may revoke the order of recognizance, release under non-monetary conditions, or bail.
appear before the court.
530.60 Certain modifications of a securing order.
1.
- If the defendant is entitled to recognizance, release under non-monetary conditions, or bail as a matter of right, the court must issue another such order.
- If the defendant is not, the court may either issue such an order or commit the defendant to the custody of the sheriff
- Where the defendant is committed to the custody of the sheriff and is held on a felony complaint, a new _______ will begin from the time of ______________.
180.80 period……. commitment
530.60 Certain modifications of a securing order.
- A defendant charged with a felony can have their order of recognizance, release under non-monetary conditions or bail revoke for committing specified__________________, ____________________, or ______________________.
- Except as provided in paragraph (a) of this subdivision or any other law, A defendant at liberty can have their securing order revoked and replaced when, by clear and convincing evidence, the court finds they:
- (i) persistently and willfully failed to appear after notice of scheduled appearances in the case before the court; or
- (ii) violated an order of protection while at liberty; or
- (iii) stands charged in such criminal action or proceeding with a misdemeanor or violation and, after being so charged, intimidated a victim or witness or tampered with a witness while at liberty; or
- (iv) stands charged in such action or proceeding with a felony and, after being so charged, committed a felony while at liberty.
- The basis for the court’s reasoning to revoke the order shall be made on the record or in writing
class A or violent felony offense or intimidating a witness or victim
530.60 Certain modifications of a securing order.
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(c) Before revoking an order of recognizance, release under non-monetary conditions, or bail pursuant to this subdivision, the court must _____________ and shall receive any relevant, admissible evidence not legally privileged.
- The defendant may cross-examine witnesses and may present relevant, admissible evidence on his own behalf.
- Such hearing may be consolidated with, and conducted at the same time as, a felony hearing
- A transcript of testimony taken before the grand jury upon presentation of the subsequent offense shall be admissible as evidence during the hearing.
- The district attorney may move to introduce grand jury testimony of a witness in lieu of that witness’ appearance at the hearing.
hold a hearing
530.60 Certain modifications of a securing order.
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(d) Revocation of an order of recognizance, release under non-monetary conditions or bail and a new securing order fixing bail or commitment, shall be for the following periods.
(i) Under paragraph (a) of this subdivision, revocation of the order of recognizance, release under non-monetary conditions or, as the case may be, bail, and a new securing order fixing bail or committing the defendant to the custody of the sheriff shall be as follows:
- (A) For a period not to exceed _______ exclusive of any periods of adjournment requested by the defendant; or
- (B) Until the charges contained within the accusatory instrument have been reduced or dismissed such that no count remains which charges the defendant with commission of a felony; or
- (C) Until reduction or dismissal of the charges contained within the accusatory instrument charging the subsequent offense such that no count remains which charges the defendant with commission of a class A or violent felony offense.
Upon expiration of any of the three periods, whichever is shortest, the court may grant or deny release upon an order of bail or recognizance in accordance with the provisions of this article.
Upon conviction to an offense the provisions of article five hundred thirty of this chapter shall apply;
- (ii) Under subparagraph (i) of paragraph (b) of this subdivision, revocation of a previously issued securing order shall result in the issuance of a new securing order which may, if otherwise authorized by law, permit the principal’s release on recognizance or release under non-monetary conditions, but shall also render the defendant eligible for an order fixing bail, or ordering non-monetary conditions in conjunction with fixing bail, provided, however, that in accordance with the principles in this title the court must impose a new securing order, and in imposing such order, may consider the circumstances warranting such revocation. Nothing in this subparagraph shall be interpreted as shortening the period of detention, or requiring or authorizing any less restrictive form of a securing order, which may be imposed pursuant to any other law; and
- (iii) Under subparagraphs (ii), (iii), and (iv) of paragraph (b) of this subdivision, revocation of a previously issued securing order shall result in the issuance of a new securing order which may, if otherwise authorized by law, permit the principal’s release on recognizance or release under non-monetary conditions, but shall also render the defendant eligible for an order fixing bail or ordering non-monetary conditions in conjunction with fixing bail.
– In issuing the new securing order, the court shall consider the kind and degree of control or restriction necessary to reasonably assure the principal’s return to court and compliance with court conditions, and select a securing order consistent with its determination, taking into account the factors required to be considered, the circumstances warranting such revocation, and the nature and extent of the principal’s noncompliance with previously ordered non-monetary conditions of the securing order subject to revocation under this subdivision.
– Nothing in this subparagraph shall be interpreted as shortening the period of detention, or requiring or authorizing any less restrictive form of a securing order, which may be imposed pursuant to any other law.
ninety days
530.60 Certain modifications of a securing order.
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[(e) Notwithstanding the provisions of paragraph (a) or (b) of this subdivision]
- A defendant, against whom a felony complaint has been filed which charges the defendant with commission of a _____________, or, _________________or, _____________________committed while he was at liberty, may be committed to the custody of the sheriff pending a revocation hearing for a period not to exceed __________ .
- An additional period not to exceed _________ may be granted by the court upon application of the district attorney upon a showing of good cause or where the failure to commence the hearing was due to the defendant’s request or occurred with his consent.
- Such good cause must consist of some compelling fact or circumstance which precluded conducting the hearing within the initial prescribed period.
class A or violent felony offense or intimidating a witness or victim 1, 2, 3 ……….. seventy-two hours………. seventy-two hours
530.70 Order of recognizance or bail; bench warrant. (This is mostly a review of bench warrants)
- A bench warrant issued by a superior court, by a district court, by the New York City criminal court or by a superior court judge sitting as a local criminal court may be executed ______________
anywhere in the state.
530.70 Order of recognizance or bail; bench warrant. (This is mostly a review of bench warrants)
A bench warrant issued by a city court, a town court or a village court may be executed in _____________ or ; and it may be executed anywhere else in the state upon the written endorsement thereon of a local criminal court of the county in which the defendant is to be taken into custody.
- When so endorsed, the warrant is deemed the process of the endorsing court as well as that of the issuing court.
the county of issuance or any adjoining county
530.70 Order of recognizance or bail; bench warrant. (This is mostly a review of bench warrants)
A bench warrant may be addressed to:
(a) any police officer whose geographical area of employment embraces either the place where the offense charged was allegedly committed or the locality of the court by which the warrant is issued; or
(b) any uniformed court officer for a court in the city of New York, the counties of ___________, __________, or _________ or for any other court that is part of the unified court system of the state for execution in the building wherein such court officer is employed or in the immediate vicinity thereof.
Nassau, Suffolk or Westchester
530.70 Order of recognizance or bail; bench warrant. (This is mostly a review of bench warrants)
A bench warrant must be executed in the same manner as a __________
warrant of arrest
530.70 Order of recognizance or bail; bench warrant. (This is mostly a review of bench warrants)
Following the arrest, such executing police officer or court officer must ___________ bring the defendant before the court in which it is returnable;
If the court in which the bench warrant is returnable is a city, town or village court, and such court is not available, and the bench warrant is addressed to a police officer, such executing police officer must without unnecessary delay bring the defendant before an alternate local criminal court; or
without unnecessary delay
530.70 Order of recognizance or bail; bench warrant. (This is mostly a review of bench warrants)
Following the arrest, such executing police officer or court officer must without unnecessary delay bring the defendant before the court in which it is returnable;
- If the court in which the bench warrant is returnable is a superior court, and such court is not available, and the bench warrant is addressed to a police officer, the officer may bring the defendant to the ___________ of the county in which such court sits, to be detained there until not later than the commencement of the next session of such court occurring on the next business day.
local correctional facility
530.70 Order of recognizance or bail; bench warrant. (This is mostly a review of bench warrants)
2-a. A court which issues a bench warrant may attach ___________ of the basis for the warrant.
In any case where defendant is brought before a local criminal court other than the court in which the warrant is returnable, such local criminal court shall consider such summary before issuing a securing order with respect to the defendant.
a summary
530.70 Order of recognizance or bail; bench warrant. (This is mostly a review of bench warrants)
- A bench warrant may be executed by
(a) any officer to whom it is addressed, or
(b) any other police officer delegated to execute it
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530.70 Order of recognizance or bail; bench warrant. (This is mostly a review of bench warrants)
- The issuing court may authorize the delegation of such warrant, and a police officer to whom a bench warrant is addressed may delegate another police officer to whom it is not addressed to execute such warrant as his or her agent when:
- (a) He or she has reasonable cause to believe that the defendant is in a particular county other than the one in which the warrant is returnable; and
- (b) The geographical area of employment of the delegated police officer embraces the locality where the arrest is to be made.
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