Legal Question in Criminal Law in New York

No, that charge is a mandatory release under the new bail laws, so the Judge will not set bail on you at your first appearance. That doesn't mean you will not ultimately receive a jail sentence in the case, that will depend on many factors including the facts of the case, your prior criminal history, and which jurisdiction you are charged in. Given that this is a class D felony, I strongly recommend you retain an attorney before the arraignment.