3.20 - 1. Local Criminal Court

• Jurisdiction: New York

1. Local Criminal Court

When an action has been commenced in a local criminal court and the defendant is not charged with a felony, the judge must set bail or release the defendant on recognizance.⁴⁴³ If the defendant is charged with a felony, the judge has the power to deny the defendant’s bail application entirely and remand the defendant.⁴⁴⁴ Remand is often ordered where a defendant is charged with murder. However, denying bail solely because the defendant is charged with murder has been held to be an abuse of discretion.⁴⁴⁵

The local criminal court may not order bail or recognizance in a felony case unless the prosecutor has had an opportunity to be heard.⁴⁴⁶ Additionally, the court must be given a report...