§ 530.50 Order of recognizance or bail; during pendency of appeal.

1. A judge who is otherwise authorized pursuant to section 460.50 or
section 460.60 to issue an order of recognizance or bail pending the
determination of an appeal, may do so unless the defendant received a
class A felony sentence or a sentence for any class B or class C felony
offense defined in article one hundred thirty of the penal law committed
or attempted to be committed by a person eighteen years of age or older
against a person less than eighteen years of age.

2. Notwithstanding the provisions of subdivision four of section
510.10, paragraph (b) of subdivision one of section 530.20 and
subdivision four of section 530.40 of this title, when a defendant
charged with an offense that is not such a qualifying offense applies,
pending determination of an appeal, for an order of recognizance or
release on non-monetary conditions, where authorized, fixing bail, or
ordering non-monetary conditions in conjunction with fixing bail, a
judge identified in subdivision two of section 460.50 or paragraph (a)
of subdivision one of section 460.60 of this chapter may, in accordance
with law, and except as otherwise provided by law, issue a securing
order: releasing the defendant on the defendant's own recognizance or
under non-monetary conditions where authorized, fixing bail, or ordering
non-monetary conditions in conjunction with fixing bail, or remanding
the defendant to the custody of the sheriff where authorized.

3. Where an appeal by the people has been taken from an order
dismissing one or more counts of an accusatory instrument for failure to
comply with a discovery order pursuant to subdivision twelve of section
450.20 of this chapter and the defendant is charged with a qualifying
offense in the remaining counts in the accusatory instrument, pending
determination of an appeal, the defendant may apply for an order of
recognizance or release on non-monetary conditions, where authorized,
fixing bail, or ordering non-monetary conditions in conjunction with
fixing bail. A judge identified in subdivision two of section 460.50 of
this chapter or paragraph (a) of subdivision one of section 460.60 of
this chapter may, in accordance with law, and except as otherwise
provided by law, issue a securing order releasing the defendant on the
defendant's own recognizance or under non-monetary conditions where
authorized, fixing bail, or ordering non-monetary conditions in
conjunction with fixing bail, or remanding the defendant to the custody
of the sheriff where authorized.