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People v. Cohen

20 N.Y.S. 854 Court N.Y.C.P. Decision date 1892-12-05 English

Delivered by Bischoff, J.

Contents

Majority

p. 854
People v. Cohen et al.
(Common Pleas of New York City and County, General Term.
December 5, 1892.)

Headnote

Bail—Remitting Forfeited Recognizance.
An application for remission of a forfeited recognizance cannot be granted unless the certificate of the district attorney filed in the cause shows that the expenses, if any, of the apprehension or recapture of the prisoner have been paid.
Application by Jennie Cohen and Harris Samilson for remission of forfeited recognizance. Denied.
Argued before Daly, C. J., and Bischoff and Pryor, JJ.
Mr. Kantrowitz, for petitioner. De Laneey Nicoll, for the People.

Upon filing the district attorney’s certificate to the effect that the expenses incurred in the apprehension or recapture of the accused, and the costs and expenses incurred in the enforcement of the forfeiture, have been paid, or that there were no such costs or expenses, this application should be granted. The certificate annexed to the petition is deficient in the respect mentioned. People v. Lasher, (Com. Pl. N. Y.) 11 N. Y. Supp. 711 . All concur.