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PEOPLE v. NICHOLAS

97 N.Y.2d 24 (2001)

760 N.E.2d 345

734 N.Y.S.2d 557

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PETE NICHOLAS, Defendant. INTERNATIONAL FIDELITY INSURANCE Co., Appellant.

Court of Appeals of the State of New York.

Decided November 19, 2001.

Attorney(s) appearing for the Case

Steven C. Sheinberg, Brooklyn, and George Sheinberg for appellant I.

Howard R. Relin, District Attorney of Monroe County, Rochester (Stephen K. Lindley of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

GRAFFEO, J.

CPL 540.10 mandates that the People take action to enforce a bail bond forfeiture order within a specified period of time. In this appeal we must determine when that time period begins to run. Because we hold that the time requirement is triggered when Supreme Court finds that a defendant's absence is unexcused and makes a determination on the record directing forfeiture of the bail...

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