Opinion
9596 Ind. 260376/16
06-11-2019
The PEOPLE of the State of New York, Respondent, v. Richard DIAZ, Defendant. Seneca Insurance Company, Inc., et al., Nonparty Appellants.
The Heinrich Law Group, PC, Bronx (Jay Heinrich of counsel), for appellants. Darcel D. Clark, District Attorney, Bronx (Beth Kublin of counsel), for respondent.
The Heinrich Law Group, PC, Bronx (Jay Heinrich of counsel), for appellants.
Darcel D. Clark, District Attorney, Bronx (Beth Kublin of counsel), for respondent.
Renwick, J.P., Manzanet–Daniels, Gesmer, Kern, Singh, JJ.
Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered October 31, 2016, which, upon reargument, adhered to its prior decision to deny the surety's motion for remission of a bail forfeiture in the amount of $ 25,000, unanimously affirmed, without costs.
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, 119 N.E.2d 363 [1954] ; People v. Gonzalez, 280 A.D.2d 274, 720 N.Y.S.2d 340 [1st Dept. 2001] ; People v. Peerless Ins. Co., 21 A.D.2d 609, 613–614, 253 N.Y.S.2d 91 [1st Dept. 1964] ).