| People of State of New York v Joseph Elm |
| Motion No: 2008-01685 NCR |
| Slip Opinion No: 2008 NYSlipOp 92160(U) |
| Decided on December 15, 2008 |
| Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- JOSEPH ELM, Appellant. |
DECISION
Motion by appellant seeking a stay of sentence pending determination of the appeal is granted on condition that the appeal is perfected by February 6, 2009.
In the event that the above condition is not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.
McCabe, J., taking no part.