Appellate Division : Second Judicial Department

M82850

S/sl

JOHN M. LEVENTHAL, J.

2008-07313 The People, etc., respondent v Willie Moss, appellant. (Ind. No. 1667-07)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Suffolk County, rendered July 21, 2008, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, execution of the judgment is stayed, and the $15,000 bail posted during the pendency of the proceedings in the County Court, Suffolk County, on Ind. No. 1667-07 shall continue, on condition that the appeal is perfected on or before March 27, 2009; 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 shall have been brought to argument or submitted to this court on or before March 27, 2009, or unless this court shall have extended this order; 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 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.

JOHN M. LEVENTHAL

Associate Justice