Appellate Division : Second Judicial Department

M99838

M/nl

FRED T. SANTUCCI, J.

2008-10770 The People, etc., respondent Karim Brown, appellant. (Ind. No. 2177/01)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of a resentence of the Supreme Court, Kings County, imposed November 12, 2008, and to release the appellant to his own recognizance.

Upon the papers filed in support of the motion, and upon the consent of the respondent, it is

ORDERED that the motion is granted, resentence is stayed, and the defendant is released to his own recognizance; and it is further,

ORDERED that this stay shall terminate and be of no further effect either (1) 120 days from the date hereof and the appellant shall thereafter surrender to serve the resentence imposed, unless the appeal shall have been brought to argument or submitted to this court, or unless this court has extended this order or (2) upon determination of the appeal; 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 resentencing court to recommence the 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.

FRED T. SANTUCCI

Associate Justice