People v. Carmichael

Appellate Division of the Supreme Court of New York

People v. Carmichael

208 A.D.2d 391, 618 N.Y.S.2d 207, 1994 N.Y. App. Div. LEXIS 9497

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

DecidedOctober 11, 1994

StatusPublished

This text of 208 A.D.2d 391 (People v. Carmichael) 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. Carmichael, 208 A.D.2d 391, 618 N.Y.S.2d 207, 1994 N.Y. App. Div. LEXIS 9497 (N.Y. Ct. App. 1994).

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Opinion

Order, Supreme Court, New York County (Joan Carey, J.), entered on or about September 10, 1993, which granted the surety-appellant’s motion to renew its prior motion for remission of bail, and, upon renewal, adhered to the prior order, same court (Peter McQuillan, J.), entered on or about February 13, 1992, denying remission of bail, unanimously affirmed, without costs.

The record merely shows a vacatur of the bench warrant and not a vacatur of the judgment of forfeiture, which would have required formal proceedings pursuant to CPL 540.30 (2). Concur—Ellerin, J. P., Kupferman, Asch, Nardelli and Tom, JJ.

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Order, Supreme Court, New York County (Joan Carey, J.), entered on or about September 10, 1993, which granted the surety-appellant’s motion to renew its prior motion for remission of bail, and, upon renewal, adhered to the prior order, same court (Peter McQuillan, J.), entered on or about February 13, 1992, denying remission of bail, unanimously affirmed, without costs.

The record merely shows a vacatur of the bench warrant and not a vacatur of the judgment of forfeiture, which would have required formal proceedings pursuant to CPL 540.30 (2). Concur—Ellerin, J. P., Kupferman, Asch, Nardelli and Tom, JJ.

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Bluebook (online)

208 A.D.2d 391, 618 N.Y.S.2d 207, 1994 N.Y. App. Div. LEXIS 9497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carmichael-nyappdiv-1994.