| People v Norman, Clarence, Jr. |
| Motion No: 2006-00427 +1 |
| Slip Opinion No: 2006 NYSlipOp 69628(U) |
| Decided on May 31, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M40259
S/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
DAVID S. RITTER
ROBERT J. LUNN, JJ.
|
2006-00427, 2006-00428 The People, etc., respondent, v Clarence Norman, Jr., appellant. (Ind. Nos. 6435/03, 5588/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two judgments of the Supreme Court, Kings County, both rendered January 11, 2006, to continue a stay of execution of said judgments that was granted by decision and order on motion of Associate Justice Robert W. Schmidt of this court, dated January 20, 2006, pending determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant shall perfect the appeals on or before July 31, 2006, and the original papers constituting the record on the appeals shall be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and the appellant's briefs shall be served and filed on or before that date; and it is further,
ORDERED that the stay of execution of the judgments granted by decision and order on motion dated January 20, 2006, is extended pending hearing and determination of the appeals, on the same bail conditions set forth in the decision and order on motion dated January 20, 2006, on condition that the appeals are perfected by July 31, 2006; and it is further,
ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, in the event that the appeals are not perfected on or before July 31, 2006; and it is further,
ORDERED that no further extensions of the stay shall be granted; 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 defendant to the sentencing court to begin the execution of sentence; and it is further,
ORDERED that counsel for the defendant shall serve a copy of this order, by mail, on the respondent and on the clerk of the court from which the appeals are taken.
FLORIO, J.P., MILLER, RITTER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court