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DEFENDANT WAS ARRESTED AND INDICTED WHILE OUT ON BAIL; THE COURT SHOULD HAVE HELD A HEARING BEFORE REVOKING THE ORDER RELEASING DEFENDANT ON BAIL (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the courts was required to hold a hearing before revoking the order releasing defendant on bail. Defendant was out on bail when he was arrested three times and indicted on one set of charges:

… CPL 530.60(2)(a) states that “[w]henever in the course of a criminal action or proceeding a defendant charged with the commission of a felony is at liberty as a result of an order of recognizance, release under non-monetary conditions or bail issued pursuant to this article it shall be grounds for revoking such order that the court finds reasonable cause to believe the defendant committed one or more . . . violent felony offenses.” By its express terms, this statutory section applies to situations where a principal is accused of committing violent felony offenses while he or she was “at liberty as a result of . . . bail” on a pending felony charge (id.). A principal charged with a felony who was out on bail on that charge necessarily includes individuals charged with qualifying offenses since the setting of bail is not initially authorized for nonqualifying offenses (see CPL 510.10[1], [3], [4]). … CPL 530.60(2)(a) clearly applies to the circumstances here. Since the People applied for remand on the sole basis that the principal was accused of committing violent felony offenses while at liberty on the underlying felony charges, the court was required to apply the standard in CPL 530.60(2)(a) and to conduct the hearing mandated in CPL 530.60(2)(c). People ex rel. Rankin v Brann, 2022 NY Slip Op 00153, Second Dept 1-11-22

 

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