Appellate Division : Second Judicial Department

M43768

S/sl

WILLIAM F. MASTRO, J.

2006-08117 The People, etc., respondent, v Wayne Prospect, appellant. (Ind. No. 2153/04)

DECISION & ORDER ON MOTION

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

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 and execution of the judgment is stayed upon condition that the appellant post cash bail in the amount of $50,000; and it is further,

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

WILLIAM F. MASTRO Associate Justice