265 A.D. 722 | N.Y. App. Div. | 1943
The refusal of the District Attorney to issue a certificate that the People had lost no rights and had not been prejudiced by the failure of the surety to produce the prisoner was neither capricious nor unreasonable. The prisoner failed to appear for sentence on June 27,1941, or thereafter, notwithstanding that he was at liberty until March 6, 1942, at which time he was arrested for a crime committed in the State of Michigan and subsequently sentenced there to a prison term of not less than five nor more than fourteen years. Under these circumstances it cannot be said that the People have lost no rights.
The order should be reversed, with twenty dollars costs and disbursements and the motion denied.
Martin, P. J., Townley, Glennon, Untermyer and Cohn, JJ., concur.
Order unanimously reversed, with twenty dollars costs and disbursements and the motion denied. Settle order on notice.