Appellate Division: Second Judicial Department

M68275

E/nl

ROBERT A. SPOLZINO, J.

2008-02619 The People, etc., respondent, v Joseph Mortensen, appellant. (Ind. No. 429/07)

DECISION AND ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Suffolk County, rendered February 27, 2008, and to release the appellant on his own recognizance.

Upon the papers filed in support of the motion and upon the consent of the District Attorney, it is

ORDERED that the motion is granted to the extent that, on the consent of the District Attorney, execution of so much of the judgment as imposed a surcharge of $1,260, and imposed a sentence of probation of six years with drug, alcohol, psychiatric, and sex offender conditions is stayed, but the order of protection is not stayed, and remains in full force and effect, and the defendant is released on his own recognizance; 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, 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.

ROBERT A. SPOLZINO

Associate Justice