Appellate Division : Second Judicial Department

M84091

S/sl

WILLIAM F. MASTRO, J.

2008-09709 The People, etc., respondent, v Dieuvais Surin, appellant. (Ind. No. 1010/07)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50, for a stay of execution of a judgment of the Supreme Court, Kings County, rendered September 29, 2008.

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

ORDERED that the motion is granted and execution of the judgment is stayed, on condition that (1) the $100,000 bail posted by the appellant continues in effect, (2) his passport remains in the possession of the District Attorney, (3) the appellant have no contact with the complainant, (4) the appellant have no contact with persons under the age of 18, except for his grandchildren, and (5) the appeal is perfected on or before May 22, 2009.

ORDERED that this stay shall terminate and be of no further effect as of May 22, 2009, 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, 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.

WILLIAM F. MASTRO

Associate Justice