Appellate Division: Second Judicial Department

M101032

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2008-03704, 2009-11650 The People, etc., respondent, v Richard Bodden, appellant. (Ind. No. 2186/07)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered April 3, 2008 (Appellate Division Docket No. 2008-03704), to continue the stay of execution of said judgment, which was granted by the Supreme Court, Queens County, on November 20, 2009, pending determination of the appeal to this court. Separate motion by the appellant to consolidate the appeal from the judgment with an appeal from an order of the same court dated November 20, 2009 (Appellate Division Docket No. 2009-11650).

Upon the papers filed in support of the motions and no papers filed in opposition or in relation thereto, it is

ORDERED that the motions are granted, and the appeals are consolidated; and it is further,

ORDERED that the stay of execution of the judgment granted by the Supreme Court, Queens County, on November 20, 2009, is extended pending hearing and determination of the appeals, on condition that the appeals are perfected by August 5, 2010, and on the same bail conditions as set by the Supreme Court, Queens County, on November 20, 2009; and it is further,

ORDERED that this stay shall terminate and be of no further effect, and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeals are perfected on or before August 5, 2010; 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 the appeal from the order dated November 20, 2009 (Appellate Division Docket No. 2009-11650), will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of any proceedings held in connection with the order dated November 20, 2009; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal from the order dated November 20, 2009:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant: 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.

SKELOS, J.P., BALKIN, ROMAN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court