New York CPL 210.10 (2) - Interpretation
In CPL 210.10 (2) the word "must" relates to the words "notice to the defendant and his or her surety" and "any attorney." It is clear that the word "must " is mandatory language as to notice to "the defendant" and his attorney.
The word "must" appears once in the sentence relating to notice and should be interpreted consistently throughout the same sentence as mandatory. Since the words "or his or her surety" directly follow the words "the defendant" and precede the requirement of notice to defense counsel, this court interprets the word "must" as it relates to sureties the same as it relates to defendant and defense counsel, i.e., as mandatory language. The Court declines to dissect the single word "must" as having different meaning as to defendant and his attorney on one side and the surety on the other side.