N.Y. CPLR § 7010

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7010 Determination of proceeding § 7010. Determination of proceeding. (a) Discharge. If the person isillegally detained a final judgment shall be directed discharging himforthwith. No person detained shall be discharged for a defect in theform of the commitment, or because the person detaining him is notentitled to do so if another person is so entitled. A final judgment todischarge a person may be enforced by the court issuing the order byattachment in the manner prescribed in subdivision (b) of section 7006.(b) Bail. If the person detained has been admitted to bail but theamount fixed is so excessive as to constitute an abuse of discretion,and he is not ordered discharged, the court shall direct a finaljudgment reducing bail to a proper amount. If the person detained hasbeen denied bail, and he is not ordered discharged, the court shalldirect a final judgment admitting him to bail forthwith, if he isentitled to be admitted to bail as a matter of right, or if it appearsthat the denial of bail constituted an abuse of discretion. Suchjudgment must fix the amount of bail, specify the time and place atwhich the person detained is required to appear, and order his releaseupon bail being given in accordance with the criminal procedure law.(c) Remand. If the person detained is not ordered discharged and notadmitted to bail, a final judgment shall be directed dismissing theproceeding, and, if he was actually produced in court, remanding him tothe detention from which he was taken, unless the person then detaininghim was not entitled to do so, in which case he shall be remanded toproper detention.