People v. La Monica

We agree that the application for a remission of the forfeiture was not timely made within the one year provided for in section 598 of the Code of Criminal Procedure. Consequently the order was void. (See Matter of Peerless Cas. Co. v. McGoldrick, 264 App. Div. 179, 180, affd. 290 N. Y. 638.) The issuance of a certificate, within the one-year period, by the District Attorney to the effect that the People had lost no rights did not remove the necessity for making the application for remission of the forfeiture within the one-year period. (See People v. Martin, 225 App. Div. 572.) Neither the…