PEOPLE v. BROWN


96 Misc.2d 127 (1978)

The People of the State of New York, Plaintiff, v. Henry Brown, Defendant.

Supreme Court, Criminal Term, Queens County.

September 12, 1978


Attorney(s) appearing for the Case

A. Patricia Moore for motion. James Clark Quinn opposed.


PHILIP J. CHETTA, J.

This is a motion by a surety in a criminal case to vacate a forfeiture of bail.

An interesting question is presented in this case: Does a stay of execution extend the one-year time period for recovery of bail? The People take the negative position, relying on a century-old case. Surety challenges this view and characterizes the case as a ghost of the past which should now be laid to rest.

The facts are as follows:...

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