CPL 530 VOLUME 4

Question 1

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.

Answer 1

appear before the court.

Question 2

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 ______________.

Answer 2

180.80 period……. commitment

Question 3

530.60 Certain modifications of a securing order.

2. 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

Answer 3

class A or violent felony offense or intimidating a witness or victim

Question 4

530.60 Certain modifications of a securing order.

2
(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.

Answer 4

hold a hearing

Question 5

530.60 Certain modifications of a securing order.

2
(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.

Answer 5

ninety days

Question 6

530.60 Certain modifications of a securing order.

2

[(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.

Answer 6

class A or violent felony offense or intimidating a witness or victim 1, 2, 3 ……….. seventy-two hours………. seventy-two hours

Question 7

530.70 Order of recognizance or bail; bench warrant. (This is mostly a review of bench warrants)

1. 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 ______________

Answer 7

anywhere in the state.

Question 8

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.

Answer 8

the county of issuance or any adjoining county

Question 9

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.

Answer 9

Nassau, Suffolk or Westchester

Question 10

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 __________

Answer 10

warrant of arrest

Question 11

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

Answer 11

without unnecessary delay

Question 12

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.

Answer 12

local correctional facility

Question 13

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.

Answer 13

a summary

Question 14

530.70 Order of recognizance or bail; bench warrant. (This is mostly a review of bench warrants)

3. 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

Answer 14

xx

Question 15

530.70 Order of recognizance or bail; bench warrant. (This is mostly a review of bench warrants)

4. 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.

Answer 15

xx

Question 16

530.70 Order of recognizance or bail; bench warrant. (This is mostly a review of bench warrants)

5. The police officer to whom the bench warrant is addressed may inform the delegated officer of the issuance of the warrant, of the offense charged in the underlying accusatory instrument and of all other pertinent details, and may request him or her to act as his or her agent in arresting the defendant on the warrant

Upon such request, the delegated police officer is authorized to make such within the geographical area of such his or her employment.

Answer 16

xx

Question 17

530.70 Order of recognizance or bail; bench warrant. (This is mostly a review of bench warrants)

Upon so arresting the defendant, the delegated officer must ________________ deliver the defendant or cause him or her to be delivered to the custody of the police officer by whom he or she was so delegated, and the latter must then without unnecessary delay bring the defendant before the court in which such bench warrant is returnable.

Answer 17

without unnecessary delay

Question 18

530.70 Order of recognizance or bail; bench warrant. (This is mostly a review of bench warrants)

6. A bench warrant may be executed by an officer of the state department of corrections and community supervision or a probation officer when the person named within the warrant is under their supervision or the probation officer is authorized by his or her probation director.
   The warrant must be executed upon the same conditions and in the same manner as is otherwise provided for execution by a police officer.

Answer 18

xx

Question 19

[530.80 Order of recognizance or bail; surrender of defendant. (AT)
At any time before the forfeiture of a bail bond, the obligor may ____________ or the defendant may surrender himself to the court or sheriff.]

Answer 19

surrender the defendant

Question 20

530.80 Order of recognizance or bail; surrender of defendant.

1. At any time before the forfeiture of a bail bond, an obligor may surrender the defendant in his exoneration, or the defendant may surrender himself, to the court in which his case is pending or to the sheriff to whose custody he was committed at the time of giving bail, in the following manner:

• (a) A certified copy of _____________ must be delivered to the sheriff, who must detain the defendant in his custody thereon, as upon a commitment.
  The sheriff must acknowledge the surrender by a certificate in writing, and must forthwith notify the court that such surrender has been made.
• (b) Upon the bail bond and the certificate of the sheriff, or upon the surrender to the court in which the case is pending, such court must, upon__________ notice to the district attorney, order that the bail be exonerated.
• On filing such order, the bail is exonerated accordingly.

Answer 20

the bail bond……. five days

Question 21

530.80 Order of recognizance or bail; surrender of defendant.

2. For the purpose of surrendering the defendant, an obligor or the person who posted cash bail for the defendant may take him into custody at any place within the state, or he may, by a written authority endorsed on a certified copy of the bail bond, empower any person over ______________ of age to do so.

Answer 21

twenty years

Question 22

530.80 Order of recognizance or bail; surrender of defendant.

3. At any time before the forfeiture of cash bail, the defendant may surrender himself or the person who posted bail for the defendant may surrender the defendant in the manner prescribed in subdivision one. In such case, the court must order a return of the money to the person who posted it, upon producing the certificate of the sheriff showing the surrender, and upon a notice of ___________ to the district attorney.

Answer 22

five days