People v. Martinez

OPINION OF THE COURT

Rena K. Uviller, J.

Defendant has been indicted for first degree rape. At his arraignment bail was set in the amount of $15,000, bond or cash. *782Based upon defendant’s prior conviction for drug possession, the arraigning Judge directed that any proposed surety be examined prior to defendant’s release. (CPL 520.30.) Notwithstanding the Judge’s order, defendant was released from custody upon the posting of a bond two weeks later, without the surety having been examined. The bond was issued by the Frontier Insurance Company in the amount of $15,000. The justifying affidavit…