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PEOPLE v. NICHOLAS

280 A.D.2d 944 (2001)

720 N.Y.S.2d 868

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

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

Decided February 7, 2001.

Order reversed on the law without costs, motion granted and stay of enforcement of bail forfeiture order vacated.

Memorandum:

Supreme Court erred in denying the People's motion to vacate the stay of enforcement of a bail forfeiture order and in determining that the People were precluded from pursuing a remedy against the surety. When defendant failed to appear for trial on October 14, 1997, the court noted defendant's absence and issued a bench warrant. The...

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