Appellate Division: Second Judicial Department

M40822

S/sl

THOMAS A. ADAMS, J.

2006-05415 The People, etc., respondent, v Joetta Dean, appellant. (Ind. No. 1728/05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion dated June 6, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Nassau County, rendered May 24, 2006, and to release the appellant on her own recognizance, or, in the alternative, to fix reasonable bail.

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

ORDERED that the motion is granted to the extent that execution of the judgment is stayed upon condition that the appellant post bail by the giving of an insurance company bail bond in the amount of $200,000, or by depositing the same sum as a cash bail alternative; and it is further,

ORDERED that this stay shall terminate and be of no further effect upon the appellant's violation of the conditions, or upon 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 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.

THOMAS A. ADAMS

Associate Justice