You are here: / / APPELLANT, WHO HAD PUT UP HER OWN MONEY FOR DEFENDANT’S BAIL, WAS...

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

 

You might also like
FATHER’S PETITION TO MODIFY CUSTODY SHOULD NOT HAVE BEEN DENIED, MOTHER HAD RELOCATED TO FLORIDA WITHOUT FATHER’S CONSENT AND WITHOUT THE PERMISSION OF THE COURT (FIRST DEPT).
Waiver of Appeal Invalid, Sentence Excessive.
THE ACCIDENT WAS NOT THE TYPE OF GRAVITY-RELATED INCIDENT COVERED BY LABOR LAW 240 (1); BUT THERE WAS A QUESTION OF FACT WHETHER THE GENERAL CONTRACTOR WAS LIABLE PURSUANT TO LABOR LAW 200 (FIRST DEPT).
THE EX PARTE ORDER ALLOWING THE PROSECUTOR TO SEIZE AND READ DEFENDANT’S NON-LEGAL MAIL DID NOT REQUIRE DISQUALIFICATION OF THE PROSECUTOR OR A MISTRIAL; THE PROSECUTOR’S DEMONSTRATION OF THE OPERATION OF THE MURDER WEAPON (A KNIFE) DID NOT WARRANT A MISTRIAL; AND THE FAILURE TO NOTIFY THE COURT AND THE ATTORNEYS OF THE JURY NOTE REQUESTING THE EXAMINATION OF THE KNIFE WAS NOT AN O’RAMA VIOLATION AND DID NOT WARRANT A MISTRIAL (FIRST DEPT).
Record Did Not Support Striking the Answer for the Spoliation of Evidence
NEW YORK DOES NOT HAVE GENERAL OR LONG-ARM JURISDICTION OVER A UK CORPORATION WHICH ALLEGEDLY MANUFACTURED A DEFECTIVE PART OF AN EXCAVATOR (FIRST DEPT). ​
THE STIPULATION OF DIVORCE DIVESTED THE HUSBAND OF HIS RIGHTS IN THE MARITAL PROPERTY; THEREFORE THE HUSBAND’S JUDGMENT CREDITOR COULD NOT REACH THE PROPERTY EVEN THOUGH THE HUSBAND’S NAME REMAINED ON THE DEED (FIRST DEPT).
FAIR MARKET RENT APPEAL PROPERLY DISMISSED.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

DEFENDANT WAS NOT INFORMED OF THE DEPORTATION CONSEQUENCES OF HIS GUILTY PLEA,... FAILURE TO SPECIFY WHEN THE OBJECTION TO BE REVIEWED WAS MADE IN ANSWER TO QUESTION...