2010 New York Code
CPL - Criminal Procedure
Part 3 - SPECIAL PROCEEDINGS AND MISCELLANEOUS PROCEDURES
Title P - PROCEDURES FOR SECURING ATTENDANCE AT CRIMINAL ACTIONS AND PROCEEDINGS OF DEFENDANTS AND WITNESSES UNDER CONTROL OF COURT--RECOGNIZANCE, BAIL
Article 540 - (540.10 - 540.30) FORFEITURE OF BAIL AND REMISSION THEREOF
540.10 - Forfeiture of bail; generally.

§ 540.10  Forfeiture of bail; generally.
    1.    If,  without sufficient excuse, a principal does not appear when
  required or does not render himself amenable to the orders and processes
  of the criminal court wherein bail has been posted, the court must enter
  such facts upon its minutes and the bail bond or the cash bail,  as  the
  case may be, is thereupon forfeited.
    2.   If the principal appears at any time before the final adjournment
  of the court, and satisfactorily excuses  his  neglect,  the  court  may
  direct  the forfeiture to be discharged upon such terms as are just.  If
  the forfeiture is not so discharged and the forfeited bail consisted  of
  a bail bond, the district attorney, within one hundred twenty days after
  the  adjournment  of  the  court  at  which such bond was directed to be
  forfeited, must proceed against the obligor  or  obligors  who  executed
  such  bond,  in  the  manner  prescribed  in subdivision three.   If the
  forfeited bail consisted of cash bail, the county treasurer with whom it
  is deposited shall give written notice of the forfeiture to  the  person
  who  posted  cash bail for the defendant may at any time after the final
  adjournment of the court or forty-five days after notice  of  forfeiture
  required  herein  has been given, whichever comes later, apply the money
  deposited to the use of the county.
    3.  A bail bond or cash bail, upon being forfeited,  together  with  a
  certified  copy  of  the order of the court forfeiting the same, must be
  filed by the district attorney in the office of the clerk of the  county
  wherein  such  order was issued.  Such clerk must docket the same in the
  book kept by him for docketing of judgments and enter therein a judgment
  against the obligor or obligors who executed  such  bail  bond  for  the
  amount  of the penalty of said bond or against the person who posted the
  cash bail for the amount  of  the  cash  bail,  and  the  bond  and  the
  certified copy of the order of the court forfeiting the bond or the cash
  bail  constitutes the judgment roll. Such judgment constitutes a lien on
  the real estate of the obligor or obligors who executed such  bail  bond
  from  the time of the entry of the judgment.  An execution may be issued
  to collect the amount of said bail bond in the same form  and  with  the
  same  effect  as  upon  a judgment recovered in an action in said county
  upon a debt in favor of the people of the state of New York against such
  obligor or obligors.

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