People v. Bradford

This is a motion to renew an application to remit forfeiture and vacate judgment which was denied by decision and order dated January 31, 1973. Although, the instant motion, made pursuant to CPLR 2221, has been erroneously designated a motion to reargue, it is in substance a motion to renew upon additional facts and will be treated as such.

One thousand dollars bail was forfeited by the surety on February 3, 1972 and the original application which was returnable January 31,1973 was timely (CPL 540.30). It was heard on that date and denied since the defendant had not been produced. Thereafter,…