Majority
p. 402The People, Pl’ffs, v. Meyer S. Perlstein et al., Def’ts. (New York Common Pleas, General Term, Filed December 2, 1889.)
Headnote
Recognizance—Forfeiture—Vacation of.Where the prisoner is subsequently produced, pleads guilty and pays a fine, the judgment entered on his forfeited recognizance will he vacated.
Motiok to vacate judgment entered on forfeited recognizance.
Samuel J. Crook, for motion; J. B. Fellows, district attorney, opposed.
The prisoner was accused of publicly offering merchandise for sale on Sunday and held to bail in the sum of $100. The recognizance was forfeited on the 21st day of February, 1889, on which day he failed to appear for trial. On the 3rd day of June following,the surety caused the prisoner to he produced in court; he pleaded guilty, and a fine of five dollars was imposed upon him, which he paid.
The application should be granted.
Larremore, Ch. J., Daly and Yak Hoesek, JJ., concur.