Upon an appeal to county court from a judgment of sentence of a local criminal court, an order pursuant to C PL 460.50, staying or suspending execution of the judgment pending termination of the appeal and either releasing defendant on his own recognizance or fixing bail, may be issued by a judge of the county court to which the appeal has been taken or a justice of the supreme court in the judicial district in which the local court is located. In the case of any appeal as of right from a judgment or sentence of a city court, such order also may be issued by a judge of such city court.
N.Y. Comp. Codes R. & Regs. Tit. 22 § 200.31