People v. Surety Insurance

Opinion

KINGSLEY, J.

This appeal is from an order denying a surety’s motion to be relieved from a bail bond forfeiture. Defendant Levine did not appear on the date (Nov. 8, 1971) when his case was set for trial. His counsel reported information that Levine was detained in New York by federal authorities and requested a continuance until November 18th “to get it straightened out.” A bench warrant was issued but ordered held and the case was continued as requested. The clerk’s minutes for November 8, 1971, show only that “Defendant fails to appear . . . Bench Warrant issued.” There is no entry…