Legal Opinion

People v. Brown

New York Supreme Court

Decided September 12, 1978PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Philip J. Chetta, J.

This is a motion by a surety in a criminal case to vacate a forfeiture of bail.

An interesting question is presented in this case: Does a stay of execution extend the one-year time period for recovery of bail? The People take the negative position, relying on a century-old case. Surety challenges this view and characterizes the case as a ghost of the past which should now be laid to rest.

The facts are as follows: Defendant, Henry Brown, was indicted in Queens, charged with robbery. His mother-in-law, in the interest of marital harmony, advanced the sum…

2Cases cited9 opinions

  1. People Ex Rel. Shapiro v. Keeper of City PrisonNew York Court of Appeals · 1943
  2. People Ex Rel. Lobell v. McDonnellNew York Court of Appeals · 1947
  3. People v. . BennettNew York Court of Appeals · 1893
  4. People v. Public Service Mutual InsuranceNew York Court of Appeals · 1975
  5. People v. Continental Casualty Co.New York Court of Appeals · 1950

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. People v. CastroNew York Supreme Court · 1983
  2. People v. Midland InsuranceNew York Supreme Court · 1978
  3. People v. Seneca InsuranceNew York Supreme Court · 2000
  4. Pueblo v. Rivera SegarraSupreme Court of Puerto Rico · 1995

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