| People v Prospect, Wayne |
| Motion No: 2006-08117 |
| Slip Opinion No: 2007 NYSlipOp 68758(U) |
| Decided on May 2, 2007 |
| 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
M54139
E/sl
STEPHEN G. CRANE, J.P.
REINALDO E. RIVERA
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2006-08117 The People, etc., respondent, v Wayne Prospect, appellant. (Ind. No. 2153-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, rendered August 24, 2006, and to continue the stay of execution of said judgment, which was granted by decision and order on motion of this court dated August 24, 2006, pending determination of the appeal to this court.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until August 9, 2007; and it is further,
ORDERED that the stay of execution of the judgment granted by the decision and order on motion of this court dated August 24, 2006, is extended pending hearing and determination of the appeal, on condition that the appeal is perfected by August 9, 2007, and on the same bail conditions as contained in the decision and order on motion of this court dated August 24, 2006; and it is further,
ORDERED that this stay shall terminate and be of no further effect, and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before August 9, 2007; 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.
CRANE, J.P., RIVERA, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court