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APPELLANT, WHO HAD PUT UP HER OWN MONEY FOR DEFENDANT’S BAIL, WAS ENTITLED TO REMISSION OF THE BAIL FORFEITED WHEN DEFENDANT MISSED HIS COURT DATE; SUPREME COURT SHOULD HAVE CONSIDERED THE AFFIDAVITS AND PSYCHIATRIST’S LETTER EXPLAINING THE MENTAL-HEALTH-RELATED REASONS FOR DEFENDANT’S FAILURE TO APPEAR (FIRST DEPT).

The First Department, in a full-fledged opinion by Justice Gesmer, reversing Supreme Court, determined the appellant’s pro se application for remission of the forfeited bail should have been granted. Appellant put up her own money for the bail. In support of her application for remission of the bail she submitted her own affidavit, defendant’s affidavit and a letter from a psychiatrist who had treated the defendant. Supreme Court refused to consider the affidavits and letter which explained defendant had become depressed upon the death of his younger brother, began abusing drugs and went off his mental health medication, resulting in his missing his court date. Instead Supreme Court relied on the court’s form application for remission of bail which was submitted by the appellant. The form application did not have any space for an explanation of the reasons for defendant’s missing his court date:

A court may forfeit a bail bond “[i]f, without sufficient excuse, a principal does not appear when required or does not render himself amenable to the orders and processes of the criminal court wherein bail has been posted” (CPL 540.10[1]). When this occurs, the surety may make an application for remission of the forfeited bail, which the court may grant “upon such terms as are just” (CPL 540.30[2]). “[S]uch an application should be granted only under exceptional circumstances and to promote the ends of justice. In making the application, a defendant or surety has the burden of proving that the defendant’s failure to appear was not deliberate and willful, and that the failure did not prejudice the People or deprive them of any rights” … . We find that appellant met all of these requirements. People v Nichols, 2020 NY Slip Op 02741, First Dept 5-7-20

 

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