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PEOPLE v. GONZALEZ

280 A.D.2d 274 (2001)

720 N.Y.S.2d 340

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DIEGO GONZALEZ, Defendant. ELIZABETH LOPEZ, as Surety, Appellant.

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

Decided February 1, 2001.

The surety's motion for remission of bail, made some 16 months after forfeiture of the bail at issue, was untimely (see, CPL 540.30 [2]). Moreover, the surety did not sustain her burden of submitting a detailed affidavit showing that defendant's absence was non-willful (see, Matter of Indemnity Ins. Co. v People, 133 A.D.2d 345, 346, lv denied 70 N.Y.2d 613), and, in any event, there are no exceptional circumstances...

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