Legal Opinion

People v. Gonzalez

Appellate Division of the Supreme Court of the State of New York

Decided February 1, 2001PublishedCited by 3 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Juanita Bing Newton, J.), entered on or about September 30, 1997, which denied appellant surety’s motion for remission of cash bail forfeited on March 18, 1996, unanimously affirmed, without costs.

The surety’s motion for remission of bail, made some 16 months after forfeiture of the bail at issue, was untimely (see, CPL 540.30 [2]). Moreover, the surety did not sustain her burden of submitting a detailed affidavit showing that defendant’s absence was non-willful (see, Matter of Indemnity Ins. Co. v People, 133 AD2d 345, 346, lv denied 70 NY2d 613), and,…

2Cases cited2 opinions

  1. Indemnity Insurance Co. of North America v. PeopleAppellate Division of the Supreme Court of the State of New York · 1987
  2. People v. CottoAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by3 opinions

  1. People v. NicholsAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. DiazAppellate Division of the Supreme Court of the State of New York · 2019
  3. People v. LennonAppellate Division of the Supreme Court of the State of New York · 2015

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