Appellate Division: Second Judicial Department

M61443

K/nl

DANIEL D. ANGIOLILLO, J.

2007-09618 The People, etc, respondent, v Biju C. Valath, appellant. (Index No. 80028/07)

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, Nassau County, rendered October 10, 2007, 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 to the extent that execution of so much of the judgment as imposed 30 days incarceration is stayed, and bail is set by the giving of an insurance company bail bond in the amount of $2,500 or by depositing the same sum as a cash bail alternative, upon condition that the appellant report to the Nassau County Department of Probation within 24 hours of his release from incarceration; and it is further,

ORDERED that the motion is otherwise denied and execution of so much of the judgment as imposed three years probation shall not be stayed; and it is further,

ORDERED that this stay shall terminate and be of no further effect 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, or upon the failure of the appellant to comply with the above condition, 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 the order of protection issued by the Supreme Court, Nassau County, on October 10, 2007, remains in full force and effect and enforcement thereof is not stayed by this order; and it is further,

ORDERED that the Nassau County District Attorney shall notify the complaining witness of this order; 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.

DANIEL D. ANGIOLILLO

Associate Justice