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PEOPLE v. DIAZ

9596, 260376/16.

173 A.D.3d 494 (2019)

99 N.Y.S.3d 876

2019 NY Slip Op 04659

The People of the State of New York, Respondent, v. Richard Diaz, Defendant. Seneca Insurance Company, Inc., et al., Nonparty Appellants.

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

Decided June 11, 2019.

The court providently exercised its discretion in denying the surety's motion for remission of forfeited bail. The record demonstrates that defendant's absence was willful and there are no exceptional circumstances warranting the relief sought (see People v Fiannaca, 306 N.Y. 513, 517 [1954]; People v Gonzalez, 280 A.D.2d 274 [1st Dept 2001]; People v Peerless Ins. Co.,

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