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People v. Sanchez
We reject defendant's contention that New York's statutory scheme ( see Penal Law §§ 10.00 [18]; 30.00 [2]; CPL 1.20 [42]; 180.75, 210.43), which permits, as relevant here, 13-year-old persons to be criminally responsible for acts constituting murder in the second degree (Penal Law § 125.25 [1], [2]), violates the Due Process or Equal Protection Clauses of the Federal and State Constitutions ( see People v Mayfield , 208 AD2d 391, 392 [1st Dept 1994]; People v Killeen , 198 AD2d 233 , 233 [2d Dept 1993], lv denied 82 NY2d 926 [1994]; see generally People v Drayton , 39 NY2d 580, 585-586 [19…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Arthur Carmichael, and International Fidelity Insurance Co.
v.
Arthur Carmichael, and International Fidelity Insurance Co.
Appellate Division of the Supreme Court of the State of New York.
Oct 11, 1994.
Published
Order, Supreme Court, New York County (Joan Carey, J.), entered on or about September 10, 1993, which granted the surety-appellant’s motion to renew its prior motion for remission of bail, and, upon renewal, adhered to the prior order, same court (Peter McQuillan, J.), entered on or about February 13, 1992, denying remission of bail, unanimously affirmed, without costs.
The record merely shows a vacatur of the bench warrant and not a vacatur of the judgment of forfeiture, which would have required formal proceedings pursuant to CPL 540.30 (2). Concur—Ellerin, J. P., Kupferman, Asch, Nardelli and Tom, JJ.