Appellate Division: Second Judicial Department

M87945

M/mv

RUTH C. BALKIN, J.

2008-10777, 2008-10778, 2008-10779 The People, etc., respondent, v Jagdeep Pujji, a/k/a Jack Pujji, appellant. (Ind. Nos. 2556/06, 1040/07, 1564/07)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion dated March 3, 2009, in the above-entitled case is recalled and vacated, and the following is substituted therefor:

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of three judgments of the Supreme Court, Queens County, all rendered November 17, 2008, and to release the appellant on reasonable bail.

Upon the papers filed in support of the motion, the papers filed in opposition thereto, and upon hearing the attorneys for the respective parties, it is

ORDERED that the motion is granted, execution of the judgments is stayed, and bail is set in the total amount of $90,000 cash ($30,000 on each indictment), which total amount must be posted prior to the appellant's release, upon condition that the appellant does not seek the return of his passport during the pendency of these appeals; and it is further,

ORDERED that this stay shall terminate and be of no further effect 120 days from the date hereof and the appellant shall thereafter surrender to serve the sentences imposed, unless the appeals 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 appeals are taken.

RUTH C. BALKIN

Associate Justice