People v Wilkinson, Frederick
Motion No: 2008-02617
Slip Opinion No: 2008 NYSlipOp 82433(U)
Decided on September 11, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M75588

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2008-02617

The People, etc., respondent,

v Frederick Wilkinson, appellant.

(Ind. No. 1522/07)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered February 22, 2008, to continue the stay of execution of said judgment, which was granted by order of the County Court, Suffolk County, dated March 24, 2008, pending determination of the appeal to this court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, 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 County Court, Suffolk County, dated March 24, 2008, is extended pending hearing and determination of the appeal, on condition that the appeal is perfected by November 10, 2008, and on the same bail conditions as contained in the order dated March 24, 2008; 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 November 10, 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; and it is further,

ORDERED that the Warden of the facility at which the appellant is incarcerated, or his or her agent, is directed to immediately release the appellant upon receipt of this order and proof that bail has been posted in accordance herewith; 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.

MASTRO, J.P., RIVERA, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court