Bail Notice

	SUPREME COURT, NASSAU COUNTY, PART 32 BAIL REVIEW PROCEDURES
	APPLICABILITY. The following rules and procedures apply to applications for bail review during the periods when such applications are authorized to be heard in the Supreme Court, Nassau County, Part 33.
	APPLICATION. An application for review of bail ordered by the Supreme Court or County Court must be instituted by a writ of habeas corpus. An application for review of bail set in the District Court may be instituted by a writ of habeas corpus for the production of an incarcerated defendant, or by an order to show cause why relief pursuant to CPL 530.30 should not be granted, accompanied by an order to produce the incarcerated defendant. Unless the defendant is incapacitated or there is some other compelling reason, the defendant's presence in court at the time of argument on the application is required.
	APPLICATION INFORMATION. As part of the application, the attorney for the petitioner is required to complete a Bail Review Application Information form, and submit it to the Court with the application or promptly thereafter and prior to consideration of the application on its merits. The completed form should be served upon or made available for inspection by the District Attorney.
	CALENDAR. The Court will normally calendar the application for consideration on the merits within days of the signing of the writ or order. Because of the short notice to the District Attorney, the Court requires the following procedures to facilitate timely consideration of the application.
	NOTICE & SERVICE. Upon the Court signing the writ or order, a copy thereof and accompanying papers must be served upon the District Attorney before the close of business on the day that the writ or order is signed. A "courtesy" copy of the application should be served on the Assistant District Attorney (ADA) assigned to the case. The attorney for the petitioner should telephone the assigned ADA as soon as possible to ensure that the ADA can appear or arrange for another ADA to appear on the appropriate date. The merits of the application will not be considered without appropriate and timely notice to the District Attorney.
	ARGUMENT. If the Court is engaged in a trial by jury, oral argument on the application will normally be at 9:30 am, 12 noon, or 2 pm. On oral argument, if the application is to review a securing order of the District Court and the defendant was produced by a writ of habeas corpus, counsel for the petitioner must initially state whether the merits of the application are premised on the law of habeas corpus, or CPL 530.30. Under habeas corpus law, a de novo bail review is not permitted; the bail can only be reduced if, on the record before the court that set the bail, the court "abused its discretion" in setting the bail. A decision on a habeas corpus application is appealable by either aggrieved party. Under CPL 530.30, a de novo bail review is permitted. A decision under CPL 530.30 is not appealable by either party.

APPLICABILITY. The following rules and procedures apply to applications for bail review during the periods when such applications are authorized to be heard in the Supreme Court, Nassau County, Part 33.

CALENDAR. The Court will normally calendar the application for consideration on the merits within days of the signing of the writ or order. Because of the short notice to the District Attorney, the Court requires the following procedures to facilitate timely consideration of the application.