People v. Nicholas

—Order reversed on the law without costs, motion granted and stay of enforcement of bail forfeiture order vacated. Memorandum: Supreme Court erred in denying the People’s motion to vacate the stay of enforcement of a bail forfeiture order and in determining that the People were precluded from pursuing a remedy against the surety. When defendant failed to appear for trial on October 14, 1997, the court noted defendant’s absence and issued a bench warrant. The court did not, however, make a finding at that time that defendant was absent without sufficient excuse, which is a prerequisite to the…