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PEOPLE v. NICHOLAS

181 Misc.2d 495 (1999)

695 N.Y.S.2d 269

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. PETE NICHOLAS, Defendant.

Supreme Court, Monroe County.

July 14, 1999.

Attorney(s) appearing for the Case

Howard R. Relin, District Attorney of Monroe County (Gregory J. Huether of counsel), for plaintiff.

Newman Scarola & Associates (James M. Newman of counsel), for defendant.

Charles S. Turner, County Attorney (Marie D'Amico of counsel), for County of Monroe.

OPINION OF THE COURT

JOHN J. ARK, J.

The issue before this court is whether the District Attorney, seeking recovery on a $100,000 bail bond wherein the court has not specifically revoked bail, has proceeded timely against the surety within the 60-day period specified in CPL 540.10 (2). More specifically, does the court's failure or refusal to revoke bail toll the provisions of CPL 540.10?

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