People v. Smith — 249 A.D.2d 983

Majority

p. 983

The People of the State of New York, Appellant, v Milton Smith, Also Known as Mario, Defendant. Frontier Insurance Company, Respondent.

[671 NYS2d 382]

—Order unanimously affirmed without costs. Memorandum: County Court properly vacated the order directing forfeiture of the bail bond. Bail was forfeited upon defendant’s recorded nonappearance at the scheduled trial date (see, CPL 540.10 [1]), not upon entry of the order (see, People v Schonfeld, 74 NY2d 324 , 330; People v Bennett, 136 NY 482 , 487, rearg denied 137 NY 601 ; People v Midland Ins. Co., 97 Misc 2d 341 , 343). The District Attorney’s failure to proceed against the surety within 60 days of the forfeiture (see, CPL 540.10 [2]) precludes the People’s recovery on the bail bond (see, People v Schonfeld, supra, at 326 ; Matter of International Fid. Ins. Co. [Petti] v People, 240 AD2d 494 , lv denied 90 NY2d 808 ; Matter of International Fid. Ins. Co. [Bailey] v People, 208 AD2d 838 , 840). (Appeal from Order of Oneida County Court, Donalty, J. — Bail Forfeiture.) Present — Denman, P. J., Green, Pigott, Jr., Callahan and Fallon, JJ.

Cases cited

People v. Schonfeld 74 NY2d 324 N.Y. 1989-10-19 at 330 p. 983
People v. Bennett 136 NY 482 N.Y. 1893-01-17 at 487 p. 983
People v. Midland Insurance 97 Misc 2d 341 N.Y. Sup. Ct. 1978-12-05 at 343 p. 983
International Fidelity Insurance v. People 240 AD2d 494 N.Y. App. Div. 1997-06-09 p. 983
International Fidelity Insurance v. People 208 AD2d 838 N.Y. App. Div. 1994-10-24 at 840 p. 983