§ 7010. Determination of proceeding.

282 words·~1 min read·/ny/civil-practice-law-rules/habeas-corpus/7010·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Discharge. If the person is

illegally detained a final judgment shall be directed discharging him

forthwith. No person detained shall be discharged for a defect in the

form of the commitment, or because the person detaining him is not

entitled to do so if another person is so entitled. A final judgment to

discharge a person may be enforced by the court issuing the order by

attachment in the manner prescribed in subdivision

(b)of section 7006.

(b)Bail. If the person detained has been admitted to bail but the

amount fixed is so excessive as to constitute an abuse of discretion,

and he is not ordered discharged, the court shall direct a final

judgment reducing bail to a proper amount. If the person detained has

been denied bail, and he is not ordered discharged, the court shall

direct a final judgment admitting him to bail forthwith, if he is

entitled to be admitted to bail as a matter of right, or if it appears

that the denial of bail constituted an abuse of discretion. Such

judgment must fix the amount of bail, specify the time and place at

which the person detained is required to appear, and order his release

upon bail being given in accordance with the criminal procedure law.

(c)Remand. If the person detained is not ordered discharged and not

admitted to bail, a final judgment shall be directed dismissing the

proceeding, and, if he was actually produced in court, remanding him to

the detention from which he was taken, unless the person then detaining

him was not entitled to do so, in which case he shall be remanded to

proper detention.