Rule 23 Custody of Prisoners in Habeas Corpus Proceedings
Rule Text
(a) (OMITTED).
(b) Detention or Release of Prisoner Pending Review of Decision Failing to Release. Pending review of a decision failing or refusing to release a prisoner in such a proceeding, the prisoner may be detained in the custody from which release is sought, or in other appropriate custody, or may be enlarge upon his recognizance, with or without surety, as may appear fitting to the court of justice or judge rendering the decision, or to the appellate division, or to a justice of the appellate division.
(c) Release of Prisoner Pending Review of Decision Ordering Release. Pending review of a decision ordering the release of a prisoner in such a proceeding, the prisoner shall be enlarged upon his recognizance, with or without surety, unless the court or justice or judge rendering the decision, or the appellate division, or a justice of the appellate division shall otherwise order.
(d) Modification of Initial Order Respecting Custody. An initial order respecting the custody or enlargement of the prisoner and any recognizance or surety taken, shall govern review in appellate division unless for special reason shown to the appellate division or to a justice of the appellate division, the order shall be modified, or an independent order respecting custody, enlargement or surety shall be made.