Appellate Division: Second Judicial Department

M68004

S/sl

STEVEN W. FISHER, J.

2008-02525 The People, etc., plaintiff, v Sada Hussain, defendant. (Ind. No. 6741/06)

DECISION & ORDER ON MOTION

Motion by the defendant pursuant to CPL 530.45 to release the defendant on his own recognizance, or, in the alternative, to fix bail after his conviction in the Supreme Court, Kings County, upon a jury verdict, on August 20, 2007. The trial court remanded the defendant pending the imposition of sentence.

Upon, inter alia, the papers filed in support of the motion and the papers filed in opposition thereto, and upon the argument of the parties, it is

ORDERED that the motion is granted, the defendant's bail is set by the giving of an insurance company bail bond in the amount of $100,000 or by depositing the same sum as a cash bail alternative and on condition that prior to accepting bail (1) the Supreme Court, Kings County, conduct an examination pursuant to CPL 520.30, and (2) the defendant surrender his passport, if any, to the Office of the District Attorney, Kings County; and it is further,

ORDERED that if within 30 days after the imposition of sentence the defendant has not taken an appeal to this court from the judgment of conviction or sentence, the operation of this decision and order on motion shall terminate and the defendant shall surrender himself to the Supreme Court, Kings County, so that execution of the sentence may take place; and it is further,

ORDERED that unless the appeal shall have been brought to argument or submitted to this court within 120 days after the filing of the notice of appeal, or this court shall have extended the operation of this decision and order on motion, this decision and order on motion shall terminate and the defendant shall surrender himself to the Supreme Court, Kings County, so that execution of the sentence may take place; and it is further,

ORDERED that upon the termination of this stay as provided above, this decision and order on motion shall constitute authorization to any peace officer to arrest and deliver the defendant to the sentencing court for execution of sentence; and it is further,

ORDERED that upon receipt of this order together with (1) proof that the defendant has given an insurance company bail bond in the amount of $100,000 or has deposited that same sum as a cash bail alternative, (2) proof that the defendant has surrendered his passport, if any, to the Office of the District Attorney, Kings County, and (3) an order of the Supreme Court, Kings County, approving the bail pursuant to CPL 520.30, the Warden of the facility at which the defendant is incarcerated, or his agent, is directed to immediately release the appellant.

STEVEN W. FISHER

Associate Justice