| People of State of New York v Francis Bennett |
| Motion No: 2008-01113 NCR 12-11-2008 |
| Slip Opinion No: 2009 NYSlipOp 62736(U) |
| Decided on January 27, 2009 |
| 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- FRANCIS BENNETT, Appellant. |
DECISION
That branch of the motion by appellant, in essence, to vacate dismissal of the appeal is granted and appeal shall be perfected by April 3, 2009.
That branch of the motion to reinstate and continue to stay sentence pending determination of appeal is granted on condition the appeal is perfected by April 3, 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.