THE PEOPLE V DEREK BACKUS
Motion No: KA 08-00601
Slip Opinion No: 2008 NYSlipOp 81341(U)
Decided on August 21, 2008
Appellate Division, Fourth 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.


August 21, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, PERADOTTO, AND PINE, JJ.

KA 08-00601
Indictment No: 2006-1233-1

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DEREK BACKUS, DEFENDANT-APPELLANT.


Appellant having moved to extend the stay of sentence pending the appeal taken from a judgment of the Supreme Court, entered in the Office of the Clerk of the County of Onondaga on August 3, 2007,

Now, upon reading and filing the affidavit of John A. Cirando, sworn to August 5, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted to the extent that the stay granted by Justice Centra on March 26, 2008 is extended pending the hearing and determination of the appeal.

Entered: August 21, 2008

JoAnn M. Wahl, Clerk