Legal Opinion
People v. Schonfeld
New York Court of Appeals
Decided October 19, 1989PublishedCited by 30 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
In this appeal involving a bail forfeiture, the issue is whether a District Attorney’s failure to proceed against the surety within the 60-day period specified in CPL 540.10 (2) precludes recovery on the bail bond. Although the People argue that this limitations period is merely directory, both the plain language of the statute and its legislative history persuade us that its provisions are mandatory. Accordingly, we hold that where the People have not taken timely steps to perfect their rights under a bail forfeiture order, their ability to enforce that order…
2Cases cited7 opinions
- People v. AlejandroNew York Court of Appeals · 1987
- Sheehy v. Big Flats Community Day, Inc.New York Court of Appeals · 1989
- Hulbert v. . ClarkNew York Court of Appeals · 1891
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- People v. . BennettNew York Court of Appeals · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Janus Petroleum, Inc. v. New York State Tax Appeals TribunalAppellate Division of the Supreme Court of the State of New York · 1992
- Podolsky v. Narnoc Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Murphy Construction Corp. v. MorrisseyAppellate Division of the Supreme Court of the State of New York · 1990
- People v. NicholasNew York Court of Appeals · 2001
- People v. RiceAppellate Division of the Supreme Court of the State of New York · 2007
25 more not listed; retrieve them via the Exa API.