Legislation
SECTION 7010
Determination of proceeding
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 70
§ 7010. Determination of proceeding. (a) Discharge. If the person is
illegally detained a final judgment shall be directed discharging him
forthwith. No person detained shall be discharged for a defect in the
form of the commitment, or because the person detaining him is not
entitled to do so if another person is so entitled. A final judgment to
discharge a person may be enforced by the court issuing the order by
attachment in the manner prescribed in subdivision (b) of section 7006.
(b) Bail. If the person detained has been admitted to bail but the
amount fixed is so excessive as to constitute an abuse of discretion,
and he is not ordered discharged, the court shall direct a final
judgment reducing bail to a proper amount. If the person detained has
been denied bail, and he is not ordered discharged, the court shall
direct a final judgment admitting him to bail forthwith, if he is
entitled to be admitted to bail as a matter of right, or if it appears
that the denial of bail constituted an abuse of discretion. Such
judgment must fix the amount of bail, specify the time and place at
which the person detained is required to appear, and order his release
upon bail being given in accordance with the criminal procedure law.
(c) Remand. If the person detained is not ordered discharged and not
admitted to bail, a final judgment shall be directed dismissing the
proceeding, and, if he was actually produced in court, remanding him to
the detention from which he was taken, unless the person then detaining
him was not entitled to do so, in which case he shall be remanded to
proper detention.
illegally detained a final judgment shall be directed discharging him
forthwith. No person detained shall be discharged for a defect in the
form of the commitment, or because the person detaining him is not
entitled to do so if another person is so entitled. A final judgment to
discharge a person may be enforced by the court issuing the order by
attachment in the manner prescribed in subdivision (b) of section 7006.
(b) Bail. If the person detained has been admitted to bail but the
amount fixed is so excessive as to constitute an abuse of discretion,
and he is not ordered discharged, the court shall direct a final
judgment reducing bail to a proper amount. If the person detained has
been denied bail, and he is not ordered discharged, the court shall
direct a final judgment admitting him to bail forthwith, if he is
entitled to be admitted to bail as a matter of right, or if it appears
that the denial of bail constituted an abuse of discretion. Such
judgment must fix the amount of bail, specify the time and place at
which the person detained is required to appear, and order his release
upon bail being given in accordance with the criminal procedure law.
(c) Remand. If the person detained is not ordered discharged and not
admitted to bail, a final judgment shall be directed dismissing the
proceeding, and, if he was actually produced in court, remanding him to
the detention from which he was taken, unless the person then detaining
him was not entitled to do so, in which case he shall be remanded to
proper detention.