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Judge Gartner

DEFENDANT FORFEITED bail after absconding. The bail bondsman, as surety, apprehended and surrendered defendant before the prosecution suffered prejudice. The surety moved, under Criminal Procedure Law §540.30, for remission of the forfeited bail. The court granted remission. Citing People v. Fiannaca, the court noted that the prosecution informed the surety of defendant’s default less than two months after its occurrence and that the surety apprehended and surrendered the defendant within five days thereafter. Although the prosecution, referring to People v. Manufacturers Casualty Insurance Co., asserted that the surety had not shown that defendant’s default was willful, the court determined that willfulness is not the sole standard to be utilized in a case involving a defendant when apprehended and surrendered by the surety within a reasonable time following the default and forfeiture. The court additionally ordered the prosecution’s payment of the surety’s costs and expenses.

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