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PEOPLE v. SMITH

249 A.D.2d 983 (1998)

671 N.Y.S.2d 382

The People of the State of New York, Appellant, v. Milton Smith, Also Known as Mario, Defendant. Frontier Insurance Company, Respondent

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

April 29, 1998

Order unanimously affirmed without costs.

Memorandum:

County Court properly vacated the order directing forfeiture of the bail bond. Bail was forfeited upon defendant's recorded nonappearance at the scheduled trial date (see, CPL 540.10 [1]), not upon entry of the order (see, People v Schonfeld, 74 N.Y.2d 324, 330; People v Bennett, 136 N.Y. 482, 487, rearg denied 137 N.Y. 601; People...

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