Appellate Division : Second Judicial Department

M49641

K/nl

ROBERT W. SCHMIDT, J.

2007-00681 The People, etc., respondent Debra Lizza, appellant. (Ind. No. 636-05)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a re-sentence of the County Court, Suffolk County, imposed January 16, 2007, 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 upon hearing the attorneys for the respective parties, it is

ORDERED that the motion is granted, execution of the re-sentence is stayed, and the appellant shall remain at liberty upon her own recognizance, upon the following conditions:

1. the appellant shall participate in behavioral therapy with the "Court Intervention Project" located in Mineola, New York;

2. the appellant shall participate in Rational Emotive Therapy (R-E-T) with Dr. Raymond DiGiuseppi, Chairman of the Psychology Department at St. John's University in Queens, New York;

3. the appellant shall participate in drug and alcohol counseling, and shall be subjected to random drug and alcohol testing;

4. County Court, Suffolk County (Kahn, J.) shall be furnished with a report from each provider of services on the first day of every month;

and it is further,

ORDERED that in the event of an alleged violation of any of the above conditions, the respondent may move to terminate the stay, on three days notice; and it is further,

ORDERED that this stay shall terminate and be of no further effect either (1) 120 days from the date hereof and the appellant shall thereafter surrender to serve the re-sentence imposed, unless the appeal shall have been brought to argument or submitted to this court, or unless this court has extended this order or (2) upon determination of the appeal; and it is further,

ORDERED that upon the termination of this stay as provided above, including upon proven violation of a condition imposed, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court to begin the execution of the re-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.

ROBERT W. SCHMIDT

Associate Justice