| People v Bernardez |
| Motion No: 2008-05363 |
| Slip Opinion No: 2008 NYSlipOp 74303(U) |
| Decided on June 10, 2008 |
| 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
M71799
K/sl
PETER B. SKELOS, J.
|
2008-05363 The People, etc, respondent, v Victor Bernardez, appellant. (Ind. No. 07-0978)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Westchester County, rendered June 3, 2008, 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 a sentence is stayed, and bail is set by the giving of an insurance company bail bond in the amount of $100,000 or by depositing the sum of $50,000 as a cash bail alternative, upon condition that the appellant surrender his passport; and it is further,
ORDERED that the motion is otherwise denied; 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 any orders of protection issued by the County Court, Westchester County, on June 3, 2008, shall remain in full force and effect and enforcement thereof is not stayed by this order; and it is further,
ORDERED that the Westchester 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.
PETER B. SKELOS
Associate Justice