People v. Esquivel

OPINION OF THE COURT

Leslie Crocker Snyder, J.

This court is presented with two issues of apparent first impression under New York law. The court must decide initially whether the People or the defense should bear the ultimate burden of persuasión at a bail surety hearing. Second, the court must decide if it is empowered under CPL 520.30 to prohibit the posting of a bond by a reputable bond company when the court finds, at a surety hearing, that the third parties who posted the collateral for the bond committed perjury in testifying about their relationship with the defendant.

This court…