People v. Nicholas

OPINION OF THE COURT

John J. Ark, J.

The issue before this court is whether the District Attorney, seeking recovery on a $100,000 bail bond wherein the court has not specifically revoked bail, has proceeded timely against the surety within the 60-day period specified in CPL 540.10 *496(2). More specifically, does the court’s failure or refusal to revoke bail toll the provisions of CPL 540.10?

The chronology of events follows.

On October 14, 1997, the day scheduled for jury selection, the court had before it neither murder second degree defendant Pete Nicholas nor an explanation of his nonappearance.…