Appellate Division: Second Judicial Department

M38986

S/sl

PETER B. SKELOS, J.

2006-00772 The People, etc., respondent, v John Garrison, appellant. (Ind. No. 1195/05)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Nassau County, rendered January 4, 2006, and to release the appellant on his own recognizance.

Upon the papers filed in support of the motion and upon hearing the attorneys for the respective parties, it is

ORDERED that the motion is granted, execution of the judgment is stayed, and the appellant is released on his own recognizance; and it is further,

ORDERED that this stay shall terminate and be of no further effect 120 days from the date hereof and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal shall have been brought to argument or submitted to this court, or unless this court shall have extended this order; and it is further,

ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court to begin the execution of sentence; and it is further,

ORDERED that the Warden of the facility at which the appellant is incarcerated, or his agent, is directed to immediately release the appellant upon receipt of this order; and it is further,

ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the Clerk of the court from which the appeal is taken.

PETER B. SKELOS Associate Justice