N.Y. Criminal Procedure Law § 540.10: Forfeiture of bail; generally

§ 540.10 Forfeiture of bail; generally.

1. If, without sufficient excuse, a principal does not appear when

required or does not render himself amenable to the orders and processes

of the criminal court wherein bail has been posted, the court must enter

such facts upon its minutes and the bail bond or the cash bail, as the

case may be, is thereupon forfeited.

2. If the principal appears at any time before the final adjournment

of the court, and satisfactorily excuses his neglect, the court may

direct the forfeiture to be discharged upon such terms as are just. If

the forfeiture is not so discharged and the forfeited bail consisted of

a bail bond, the district attorney, within one hundred twenty days after

the adjournment of the court at which such bond was directed to be

forfeited, must proceed against the obligor or obligors who executed

such bond, in the manner prescribed in subdivision three. If the

forfeited bail consisted of cash bail, the county treasurer with whom it

is deposited shall give written notice of the forfeiture to the person

who posted cash bail for the defendant may at any time after the final

adjournment of the court or forty-five days after notice of forfeiture

required herein has been given, whichever comes later, apply the money

deposited to the use of the county.

3. A bail bond or cash bail, upon being forfeited, together with a

certified copy of the order of the court forfeiting the same, must be

filed by the district attorney in the office of the clerk of the county

wherein such order was issued. Such clerk must docket the same in the

book kept by him for docketing of judgments and enter therein a judgment

against the obligor or obligors who executed such bail bond for the

amount of the penalty of said bond or against the person who posted the

cash bail for the amount of the cash bail, and the bond and the

certified copy of the order of the court forfeiting the bond or the cash

bail constitutes the judgment roll. Such judgment constitutes a lien on

the real estate of the obligor or obligors who executed such bail bond

from the time of the entry of the judgment. An execution may be issued

to collect the amount of said bail bond in the same form and with the

same effect as upon a judgment recovered in an action in said county

upon a debt in favor of the people of the state of New York against such

obligor or obligors.