Opinion
May 30, 2000.
Order, Supreme Court, Bronx County (Burton Roberts, J.), entered January 27, 1998, which denied defendant's motion for remission of bail, and order, same court and Justice, entered February 2, 1998, which deemed reply papers a motion for reargument, granted reargument and, upon reargument, adhered to court's January 27, 1998 determination, unanimously affirmed, without costs.
Erica M. Fitzgerald, for respondent.
Pro Se, for defendant-appellant.
Before: Rosenberger, J.P., Mazzarelli, Ellerin, Lerner, Friedman, JJ.
Defendant's motion for remission of bail, made some five years after forfeiture of the bail at issue, was untimely (see, CPL 540.30). Moreover, defendant lacked standing to seek remission (see, Matter of Van Deusen v. People, 97 A.D.2d 924, appeal dismissed 62 N.Y.2d 605 and 62 N.Y.2d 915), and, in any event, there are no exceptional circumstances warranting the relief sought (see, People v. Cotto, 262 A.D.2d 138, 693 N.Y.S.2d 98, 99). We decline to review appellant's arguments made to this Court for the first time on reply. Were we to consider them, we would find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.