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MATTER OF SUN SUR. INS. v. PEOPLE

Index No. 158224/20. Ind. Nos. 2522/18, 3638/18. Appeal No. 15934. Case No. 2021-01772.

205 A.D.3d 508 (2022)

165 N.Y.S.3d 852

2022 NY Slip Op 03184

In the Matter of Sun Surety Insurance, Appellant, v. The People of the State of New York, Respondent.

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

Decided May 12, 2022.

Attorney(s) appearing for the Case

Law Office of Evans D. Prieston, P.C., Long Island City (Evans D. Prieston of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (John T. Hughes of counsel), for respondent.

Concur—Gische, J.P., Scarpulla, Mendez, Shulman, Higgitt, JJ.

Contrary to surety's claim that the court made no "determination on the record directing forfeiture of the bail bond" (People v Nicholas, 97 N.Y.2d 24, 25-26 [2001]), a valid forfeiture existed when the court issued two written bail forfeiture orders on September 24, 2019, after its client Curtis Postell a defendant in an underlying proceeding, failed to appear at his sentencing earlier that day, based upon its finding that his absence...

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