Defense Brief Motion Bank (dev)

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NY A 02357 2025-2026 house

Authorizes the court the discretion to release persons charged with certain crimes involving possession of a firearm on their own recognizance or under non-monetary conditions, fix bail, or commit the person to the custody of the sheriff.

First chamber Not law yet bank: queued

Not law yet. Pending legislation.

Asm. Eichenstein

Bill summary

Official digest is not on this card.

Now vs if chaptered

NOW: referred to Codes; current CPL 510.10 least-restrictive framework still governs. IF chaptered: Art. 265 machine-gun/silencer/ghost-gun/AWB calendars get a special remand-or-ROR discretion that skips least-restrictive analysis.

Defender utility

NY PDs on arraignment/bail calendars: live qualifying-offense expansion is a different pending print (A 01013). This bill would both authorize ROR and authorize remand without least-restrictive findings on the listed Art. 265 weapons. Until it chapters, argue current 510.10 least-restrictive language. Not a California charge.

Who this is for. NY PDs on Art. 265 arraignment/bail calendars — pending securing-order discretion rewrite, not present law; not a California charge.

Penalties (if chaptered)

No new possessory offense. Changes securing-order discretion only.

Bank hints

  • bail
  • ghost-gun
  • AWB
  • CPL-510.10
A-02357 New-York bail CPL-510.10 ghost-gun AWB machinegun silencer Article-265 not-chaptered