PEOPLE v. SHELL


266 A.D.2d 28 (1999)

698 N.Y.S.2d 214

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAROLD SHELL, Appellant.

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

Decided November 4, 1999.


The record demonstrates that, contrary to defendant's contention, his bail was reinstated, not exonerated, on February 22, 1990. Accordingly, a new forfeiture order was properly entered on June 19, 1990 when defendant failed to appear in court due to his incarceration. Thus, it was a proper exercise of discretion to deny the motion for remission since defendant's incarceration after committing a crime while out on bail "did not constitute an exceptional circumstance, and...

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