Legal Opinion

People v. Shell

Appellate Division of the Supreme Court of the State of New York

Decided November 4, 1999Published

1Opinion of the Court

—Order, Supreme Court, New York County (Juanita Bing Newton, J.), entered on or about June 15, 1998, which denied defendant’s motion for remission of forfeited bail, unanimously affirmed, without costs.

The record demonstrates that, contrary to defendant’s contention, his bail was reinstated, not exonerated, on February 22, 1990. Accordingly, a new forfeiture order was properly entered on June 19, 1990 when defendant failed to appear in court due to his incarceration. Thus, it was a proper exercise of discretion to deny the motion for remission since defendant’s incarceration after committing…

2Cases cited1 opinion

  1. People v. CottoAppellate Division of the Supreme Court of the State of New York · 1999

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