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MATTER OF PEOPLE v. MONTGOMERY

205 A.D.2d 543 (1994)

614 N.Y.S.2d 277

In the Matter of The People of the State of New York, Respondent, v. Keith Montgomery, Defendant. Madge Montgomery, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 6, 1994

Ordered that the order is reversed, on the law, without costs or disbursements, and the depositor's motion is granted.

In proceedings held on October 15, 1991, the court vacated its prior order of forfeiture and directed the clerk to ensure that the $5,000 cash bail was returned to the appellant. Accordingly, as the People concede, the appellant's subsequent application for the return of the bail money was not barred by...

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