People v. Fiannaca

I dissent, and disagree with the Appellate Division that there was “ no factual basis for the exercise of the [county] court’s discretion in remitting the forfeiture ”. Indeed, I am of the opinion that it was an abuse of discretion to disturb the determination of the County Court *520made pursuant to section 597 of the Code of Criminal Procedure, and to deny the application for remission, even though it was without prejudice “ to the right of the sureties to renew * * * upon proper papers within the statutory period”. (282 App. Div. 548, 549-550.)

The bail bond was executed on October 4, 1948. The…