People v. Nicholas

I respectfully dissent. In my view, Supreme Court properly denied the People’s motion to vacate the stay of enforcement of a bail forfeiture order and determined that the People were precluded from pursuing a remedy against the surety. Defendant appeared before the court on August 12, 1997, at which time the court advised defendant of the October 14, 1997 trial date. Defendant failed to appear for trial on that date and no excuse was offered for his absence. The court issued a bench warrant at that time. Defendant failed to appear for the almost two-week trial and failed to appear for the two…