Appellate Division : Second Judicial Department

M93865

S/sl

JOHN M. LEVENTHAL, J.

2009-01068 The People, etc., respondent v Jasmine Hughes, appellant. (S.C. I. No. 02881-07)

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, Nassau County, rendered January 9, 2009, to the extent that it directed her, as a condition of probation, to pay restitution in the sum of $17,500 at the rate of $300 per month.

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

ORDERED that the motion is granted to the extent that so much of the judgment as directed the appellant, as a condition of probation, to pay restitution in the sum of $17,500, at the rate of $300 per month, is stayed on condition that (1) the appellant pay the sum of $300 per month to the Department of Probation which payments, including any payments already made, are to be held in escrow pending hearing and determination of the appeal and (2) on or before December 15, 2009, the appellant shall pay to the Department of Probation any arrears due as of November 2009; and it is further,

ORDERED that in the event that the appellant fails to comply with either of the conditions set forth above, the People may move to vacate the stay on three days notice or the court, on its own motion, may vacate the stay; 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 and on the Department of Probation.

JOHN M. LEVENTHAL

Associate Justice