Appellate Division: Second Judicial Department

M75131

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2008-06803 The People, etc., respondent, v Ronald Marietta, appellant. (Ind. No. 7224/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered March 28, 2008, to continue the stay of execution of said judgment, which was granted by order of the Supreme Court, Kings County, dated March 28, 2008, pending determination of the appeal to this court.

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; and it is further,

ORDERED that the stay of execution of the judgment granted by order of the Supreme Court, Kings County, dated March 28, 2008, is extended pending hearing and determination of the appeal, on condition that the appeal is perfected by September 9, 2008, and on the same bail conditions as contained in the order dated March 28, 2008; 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; and it is further,

ORDERED that this stay shall terminate and be of no further effect, and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before September 9, 2008; 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.

RITTER, J.P., SANTUCCI, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court