[Download] "People State New York v. Tommy Lee Henry" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Tommy Lee Henry
- Author : Supreme Court of New York
- Release Date : January 09, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
[33 A.D.2d 1031 Page 1031] Defendant was indicted for assault in the second degree and appellant, as surety, posted a $10,000 bail bond for him. The
bond provided, as required by section 581 of the Code of Criminal Procedure, that (1) defendant would appear and answer the
charge, (2) he would render himself amenable to the process of the court and, (3) if convicted, he would appear for judgment
and render himself in execution thereof. Appellant performed all its obligations under the bond. Defendant was convicted of
the crime charged against him and thereupon the Trial Judge remanded him to prison and exonerated appellant from any further
liability on the bond. Defendant was sentenced as a second felony offender. As such, he could not obtain release under bail
pending appeal, even if a certificate of reasonable doubt could have been obtained for him (Code Crim. Pro., § 555). The Dutchess
County Public Defender was assigned as defendant's counsel to prosecute an appeal on his behalf from the judgment of conviction.
Upon the appeal, this court reversed the judgment solely on a question of law and ordered a new trial (People v. Henry, 31
A.D.2d 943). Thereafter, the Dutchess County Public Defender applied for an order reinstating the above-mentioned bail bond,
so as to revive appellant's obligation thereunder. Appellant objected thereto. It pointed out that it had been exonerated
from liability and that under the circumstances then existing it did not wish to become bail [33 A.D.2d 1031 Page 1032]