Legal Opinion
People v. Di Meo
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1917PublishedCited by 5 opinions
1Opinion of the Court
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Although section 597 of the Code of Criminal Procedure conferred the discretionary power upon the court to remit the forfeiture of bail, or any part thereof, yet this is a judicial discretion and may be reviewed. (Matter of Sayles, 84 App. Div. 210.) An undertaking of bail is a serious contract, and imposes upon the surety the absolute obligation to produce his principal when called for trial. This application should not be granted save under exceptional circumstances. In the present case the…
2Cases cited4 opinions
- In re SaylesAppellate Division of the Supreme Court of the State of New York · 1903
- People v. LevyAppellate Division of the Supreme Court of the State of New York · 1915
- People v. SchwarzeAppellate Division of the Supreme Court of the State of New York · 1915
- People v. NooneyNew York Supreme Court · 1893
3Cited by5 opinions
- People v. FiannacaNew York Court of Appeals · 1954
- People v. CohenAppellate Division of the Supreme Court of the State of New York · 1930
- People v. GrundyAppellate Division of the Supreme Court of the State of New York · 1926
- People v. FiannacaAppellate Division of the Supreme Court of the State of New York · 1953
- Savini v. LevineAppellate Division of the Supreme Court of the State of New York · 1959