| People v Anokye, Osei |
| Motion No: 2010-01324 |
| Slip Opinion No: 2010 NY Slip Op 63329(U) |
| Decided on February 10, 2010 |
| Appellate Division, 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 Division: Second Judicial Department
M98644
K/nl
STEVEN W. FISHER, J.
|
2010-01324 The People, etc., plaintiff, v Osei Anokye, defendant. (Ind. No. 1902/07)
| DECISION & ORDER ON MOTION |
Motion by the defendant pursuant to CPL 530.45 to be released on bail after his conviction of criminal possession of a weapon in the second degree in the Supreme Court, Queens County, upon his plea of guilty, on February 2, 2010. The Supreme Court, Queens County, remanded the defendant pending the imposition of sentence.
Upon the papers filed in support of the motion and in opposition thereto, and upon hearing the attorneys for the respective parties, it is
ORDERED that the motion is granted, the defendant's bail is set by the giving of an insurance company bail bond in the amount of $50,000 or by depositing that sum as a cash bail alternative; and it is further,
ORDERED that if, within 30 days after the imposition of sentence, the defendant has not taken an appeal to this Court from the judgment of conviction or sentence, the operation of this order shall terminate and be of no further effect and the appellant shall thereafter surrender himself to the Supreme Court, Queens County, so that execution of the sentence may take place; and it is further,
ORDERED that unless the appeal shall have been brought to argument or submitted to this Court within 120 days after the filing of the notice of appeal, or unless this Court shall have extended the operation of this order on motion, this order shall terminate and be of no further effect and the appellant shall thereafter surrender himself to the Supreme Court, Queens County, so that execution of the sentence may take place; and it is further,
ORDERED that upon the termination of this order as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court for 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.
STEVEN W. FISHER
Associate Justice