131 N.Y.S. 783 | N.Y. App. Div. | 1911
The conclusion of the Special Term, as stated in the decision, was: “ That the court had no authority to release the defend-, ant, Charles N. Vandenberge, upon the original bond; that the same could not, as a matter of law, be continued, so as to bind the sureties, and such a release thereby relieved the sureties.”
The theory of the court seems to have been that, notwithstanding one of the conditions of the undertaking was that the defendant “ shall at all times render himself amenable to the orders and process of the court, and, if convicted, shall appear
We think it is apparent, from the language and the purpose of section 555, that it was not intended thereby to limit or affect any of the terms or conditions of the undertaking of bail which may be taken upon an indictment, and that it was designed to apply only to a conviction which is evidenced by sentence and judgment. This is apparent from the facts that it presupposes a judgment, and by its terms is made to apply only to a case where the defendant has appealed from, the judgment of conviction and a stay of proceedings has been granted by a certificate that there is reasonable doubt whether the judgment should stand. It was held in People ex rel. Hummel v. Reardon (186 N. Y. 164) that this section only relates to admission to bail upon an appeal from a judgment, where a stay of proceedings has been secured as provided in.. section 527.
If such is the correct application of section 555, it is clear that the finding of the verdict did not affect the condition of the undertaking, and that the interlocutory judgment must be reversed, with costs and disbursements, and with leave to the defendants to withdraw their demurrer and answer within twenty days on payment of costs in this court and in the court below.
All concurred.
Interlocutory and final judgments reversed, with costs, with leave to defendants to withdraw demurrer and answer within twenty days on payment of costs in this court and at Trial Term.