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PEOPLE v. HORN

7706. 101286/16.

166 A.D.3d 537 (2018)

89 N.Y.S.3d 133

2018 NY Slip Op 08079

The People of the State of New York, Respondent, v. John Horn, Defendant, and Financial Casualty & Surety, Inc., Appellant.

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

Decided November 27, 2018.

A valid forfeiture existed on December 17, 2015, when the court issued an order directing forfeiture, based upon its finding that the criminal defendant's absence was without sufficient excuse, as reflected in the minutes of the August 4, 2015 proceeding (see CPL 540.10 [1]; People v Nicholas, 97 N.Y.2d 24, 29 [2001]).

Accordingly, Surety's motion for remission, which was...

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