State v. Recanati

The opinion of the court was delivered by

EICHEN, J.A.D.

This appeal concerns the proper disposition of a $50,000 cash deposit in lieu of bond posted as bail by defendant Bernard Reeanati. Following an evidentiary hearing, the Law Division, Criminal Part ordered release of the funds to Reeanati. Co-defendant Daniel Provenzano appeals, contending that he furnished the funds for defendant’s bail and therefore he is entitled to return of the cash bail deposit. We hold that in the absence of an affidavit of ownership filed by Provenzano at the time cash bail was posted, as required by R. 3:26-4(f),…