People v. Alirex

Appellate Division of the Supreme Court of New York

People v. Alirex

74 A.D.2d 772, 423 N.Y.S.2d 54, 1980 N.Y. App. Div. LEXIS 10501

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

DecidedMarch 11, 1980

StatusPublished

This text of 74 A.D.2d 772 (People v. Alirex) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Alirex, 74 A.D.2d 772, 423 N.Y.S.2d 54, 1980 N.Y. App. Div. LEXIS 10501 (N.Y. Ct. App. 1980).

Pincite

Opinion

Order of the Supreme Court, Bronx County, entered September 18, 1979, which denied the motion of the surety to vacate a forfeiture of bail on December 27, 1978, unanimously reversed, in the exercise of discretion, and, without costs or disbursements, and the motion of the surety to vacate the forfeiture is granted. In the circumstances presented we are of the opinion that the forfeiture of $2,500 cash bail furnished by the surety (the defendant’s mother) was unduly harsh. There was no showing that the People were prejudiced in any way inasmuch as the defendant was arrested and charged with another crime on December 28, 1978, the day following his failure to appear before Justice Kapelman. Concur — Birns, J. P., Sandler, Sullivan, Bloom and Carro, JJ.

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Order of the Supreme Court, Bronx County, entered September 18, 1979, which denied the motion of the surety to vacate a forfeiture of bail on December 27, 1978, unanimously reversed, in the exercise of discretion, and, without costs or disbursements, and the motion of the surety to vacate the forfeiture is granted. In the circumstances presented we are of the opinion that the forfeiture of $2,500 cash bail furnished by the surety (the defendant’s mother) was unduly harsh. There was no showing that the People were prejudiced in any way inasmuch as the defendant was arrested and charged with another crime on December 28, 1978, the day following his failure to appear before Justice Kapelman. Concur — Birns, J. P., Sandler, Sullivan, Bloom and Carro, JJ.

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Bluebook (online)

74 A.D.2d 772, 423 N.Y.S.2d 54, 1980 N.Y. App. Div. LEXIS 10501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-alirex-nyappdiv-1980.