N.Y. Criminal Procedure Law Section 570.38
Bail

  • in what cases
  • conditions of bond
Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a justice of the supreme court or county judge in this state may admit the person arrested to bail by bond or undertaking, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond or undertaking but not later than thirty days after the examination referred to in section 570.36 and for his surrender, to be arrested upon the warrant of the governor of this state.

Source: Section 570.38 — Bail; in what cases; conditions of bond, https://www.­nysenate.­gov/legislation/laws/CPL/570.­38 (updated Sep. 22, 2014; accessed Feb. 28, 2026).

570.02
Short title 570.04
Definitions 570.06
Fugitives from justice 570.08
Demand 570.10
Investigation by governor 570.12
Extradition of persons imprisoned or awaiting trial in another state 570.14
Extradition of persons who left the demanding state under compulsion 570.16
Extradition of persons not present in demanding state at time of commission of crime 570.17
Extradition for legally protected health activity 570.18
Issuance of warrant of arrest by governor 570.19
Extradition of gender-affirming care providers, seekers, parents, guardians, and helpers 570.20
Execution of warrant 570.22
Authority of arresting officer 570.24
Rights of accused person 570.26
Noncompliance with preceding section 570.28
Confinement of the accused in jail when necessary 570.30
Confinement of extradited persons passing through this state 570.32
Arrest of accused before making of requisition 570.34
Arrest of accused without warrant therefor 570.36
Commitment to await requisition 570.38
Bail 570.40
Extension of time of commitment 570.42
Bail 570.44
Persons under criminal prosecution in this state at time of requisition 570.46
Guilt or innocence of accused 570.48
Alias warrant of arrest 570.50
Written waiver of extradition proceedings 570.52
Fugitives from this state 570.54
Application for issuance of requisition 570.56
Expense of extradition 570.58
Immunity from service of process in certain civil actions 570.60
No immunity from other criminal prosecution while in this state 570.62
Non-waiver by this state 570.64
Interpretation 570.66
Constitutionality
Green check means up to date. Up to date

Verified:
Feb. 28, 2026

Last modified:
Sep. 22, 2014

§ 570.38. Bail's source at nysenate​.gov

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