Majority
p. 503The People v. Paul Madden and Patrick Norton. (New York Common Pleas, General Term, Filed February 10, 1890.)
Headnote
Recognizance—Forfeiture—Yacation of.Where the defendant, after forfeiture of his recognizance, pleads guilty and pays the fine imposed, and the district attorney certifies that the people have lost no rights, the judgment entered upon the forfeiture should be vacated.
Application for order vacating judgment entered upon a forfeited recognizance.
J. R. Fellows, for people; H. Hartman, for def’ts.
Madden was arrested for violation of the excise laws, and held for bail in $100. On January 13, 1890, the case was called for trial in the court of special sessions, and upon Madden’s failure to appear the bail was declared forfeited, and judgment entered against the surety on the following day. Later in the same day on which the forfeiture occurred Madden appeared for trial, and upon his confession was adjudged guilty and fined $50, which was immediately paid. It also appears from the certificates of the district attorney and deputy sheriff that the people have lost no rights, and that all expense incurred by such forfeiture has been paid.
The application should be granted.
Larremore, Ch. J., Bookstaver and Bischoff, JJ., concur.