People v. Mirra

OPINION OF THE COURT

Sheldon S. Levy, J.

The defendant was indicted on two counts of bail jumping in the first degree. Upon the jury trial before me and after the People’s case, the defendant moves for a trial order of dismissal. His claim is that once a bail bond has been forfeited, it cannot be reinstated without the consent of the surety; that no such consent was here obtained; that the court, therefore, *94was without valid authority to reinstate the bail bond; that no bail bond was then in effect; and that he cannot be convicted of bail jumping, since he was not then properly released on bail.