Legal Opinion

People v. Lee

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

Decided January 27, 1992PublishedCited by 2 opinions

1Opinion of the Court

*830When a cash bond has been posted, there is a presumption that the moneys deposited in the defendant’s behalf are the defendant’s property (see, People v Castro, 119 Misc 2d 787, 795; Standard Elec. Equip. Corp. v Laszkowski, 305 NY 58, 61). Thus, until the criminal proceeding was terminated, the defendant was the owner of the funds put up as bail, and, when he absconded, the court properly directed the forfeiture of the bail. The remission of forfeiture is governed by a one-year Statute of Limitations (see, CPL 540.30 [2]), and the appellant’s application, made by notice of motion dated March…

2Cases cited2 opinions

  1. People v. CastroNew York Supreme Court · 1983
  2. Standard Electric Equipment Corp. v. LaszkowskiNew York Court of Appeals · 1953

3Cited by2 opinions

  1. International Fidelity Insurance v. PeopleAppellate Division of the Supreme Court of the State of New York · 1997
  2. People v. NicholasAppellate Division of the Supreme Court of the State of New York · 2001

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