S 10104 —

Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the New York Consolidated Laws: Section 510.10 of the criminal procedure law.

• Section 510.10 of the criminal procedure law

  , other than robbery in the second degree as defined in subdivision one of section 160.10 of the penal law, provided, however, that burglary in the second degree as defined in subdivision two of section 140.25 of the penal law shall be a qualifying offense only where the defendant is charged with entering the living area of the dwelling or arson in the third degree as defined in section 150.10 of the penal law , where such charge arose from conduct occurring while the defendant was released on his or her own recognizance, released under conditions, or had yet to be arraigned after the issuance of a desk appearance ticket for a separate felony or class A misdemeanor involving harm to an identifiable person or property, or any charge of criminal possession of a firearm as defined in section 265.01-b of the penal law, provided, however, that the prosecutor must show reasonable cause to believe that the defendant committed the instant crime and any underlying crime. For the purposes of this subparagraph, any of the underlying crimes need not be a quali- fying offense as defined in this subdivision his or her or . , other than robbery in the second degree as defined in subdivision one of section 160.10 of the penal law, provided, however, that burglary in the second degree as defined in subdivision two of section 140.25 of the penal law shall be a qualifying offense only where the defendant is charged with entering the living area of the dwelling or arson in the third degree as defined in section 150.10 of the penal law where such charge arose from conduct occurring while the defendant was released on his or her own recognizance, released under conditions, or had yet to be arraigned after the issuance of a desk appearance ticket for a separate felony or class A misdemeanor involving harm to an identifiable person or property, provided, however, that the prosecutor must show reasonable cause to believe that the defendant committed the instant crime and any underlying crime. For the purposes of this subparagraph, any of the underlying crimes need not be a qualifying offense as defined in this subdivision his or her or . , other than robbery in the second degree as defined in subdivision one of section 160.10 of the penal law, provided, however, that burglary in the second degree as defined in subdivision two of section 140.25 of the penal law shall be a qualifying offense only where the defendant is charged with entering the living area of the dwelling or arson in the third degree as defined in section 150.10 of the penal law , where such charge arose from conduct occurring while the defendant was released on his or her own recognizance, released under conditions, or had yet to be arraigned after the issuance of a desk appearance ticket for a separate felony or class A misdemeanor involving harm to an identifiable person or property, or any charge of criminal possession of a firearm as defined in section 265.01-b of the penal law, provided, however, that the prosecutor must show reasonable cause to believe that the defendant committed the instant crime and any underlying crime. For the purposes of this subparagraph, any of the underlying crimes need not be a quali- fying offense as defined in this subdivision his or her or . → italics the principal's ; (v) assault in the third degree as defined in section 120.00 of the penal law; reckless assault of a child by a child day care provider as defined in section 120.01 of the penal law; vehicular assault in the second degree as defined in section 120.03 of the penal law; menacing in the first degree as defined in section 120.13 of the penal law; menacing in the second degree as defined in section 120.14 of the penal law; menacing in the third degree as defined in section 120.15 of the penal law; reckless endangerment in the second degree as defined in section 120.20 of the penal law; reckless endangerment in the first degree as defined in section 120.25 of the penal law; stalking in the third degree as defined in section 120.50 of the penal law; or stalking in the second degree as defined in section 120.55 of the penal law; (w) unlawful imprisonment in the second degree as defined in section 135.05 of the penal law; (x) burglary in the third degree as defined in section 140.20 of the penal law; (y) arson in the fifth degree as defined in section 150.01; arson in the fourth degree as defined in section 150.05 of the penal law; or arson in the third degree as defined in section 150.10 of the penal law; (z) public lewdness in the first degree as defined in section 245.03 of the penal law; (aa) criminal possession of a rapid-fire modification device as defined in section 265.01-c of the penal law; criminal possession of a weapon in a restricted location as defined in section 265.01-d of the penal law; criminal possession of a firearm, rifle or shotgun in a sensitive location as defined in section 265.01-e of the penal law; a violation of manufacture, transport, disposition and defacement of weap- ons and dangerous instruments and appliances as defined in subdivision five of section 265.10 of the penal law; prohibited use of weapons as defined in subdivision three of section 265.35 of the penal law; or unlawful possession of certain ammunition feeding devices as defined in section 265.37 of the penal law; or (bb) unlawful fleeing a police officer in a motor vehicle in the third degree as defined in section 270.25 of the penal law. the princi- pal's ; (xxii) assault in the third degree as defined in section 120.00 of the penal law; reckless assault of a child by a child day care provider as defined in section 120.01 of the penal law; vehicular assault in the second degree as defined in section 120.03 of the penal law; menacing in the first degree as defined in section 120.13 of the penal law; menacing in the second degree as defined in section 120.14 of the penal law; menacing in the third degree as defined in section 120.15 of the penal law; reckless endangerment in the second degree as defined in section 120.20 of the penal law; reckless endangerment in the first degree as defined in section 120.25 of the penal law; stalking in the third degree as defined in section 120.50 of the penal law; or stalking in the second degree as defined in section 120.55 of the penal law; (xxiii) unlawful imprisonment in the second degree as defined in section 135.05 of the penal law; (xxiv) burglary in the third degree as defined in section 140.20 of the penal law; (xxv) arson in the fifth degree as defined in section 150.01; arson in the fourth degree as defined in section 150.05 of the penal law; or arson in the third degree as defined in section 150.10 of the penal law; (xxvi) public lewdness in the first degree as defined in section 245.03 of the penal law; (xxvii) criminal possession of a rapid-fire modification device as defined in section 265.01-c of the penal law; criminal possession of a weapon in a restricted location as defined in section 265.01-d of the penal law; criminal possession of a firearm, rifle or shotgun in a sensitive location as defined in section 265.01-e of the penal law; a violation of manufacture, transport, disposition and defacement of weap- ons and dangerous instruments and appliances as defined

  amended