KA 10-00053
Indictment No: 2008-0529

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMES PERRY, DEFENDANT-APPELLANT.

Appellant having moved, for an order pursuant to CPL 460.50 staying the execution of the judgment of the Supreme Court, Monroe County rendered November 17, 2009, pending the hearing and determination of the appeal taken herein, and for other relief,

Now, upon reading and filing the affirmation of James Eckert, Esq., dated April 20, 2010, the notice of motion with proof of service thereof, the affirmation of Nancy Gilligan, Esq., dated April 30, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the application be and same hereby is granted and that the above named defendant, James Perry, be admitted to bail in the amount of $5,000 cash pending the determination of the appeal herein, and

It is further ORDERED that effective upon the posting of bail the judgment of conviction of the Supreme Court, Monroe County in so far as it imposes a term of incarceration be stayed and suspended pending the determination of the above-referenced appeal to the New York Supreme Court, Appellate Division, Fourth Department, and

It is further ORDERED that should the appeal not be perfected by September 9, 2010, this Order shall immediately terminate the operation of law and appellant shall be required to surrender himself to the custody of the Sheriff to recommence his sentence forthwith.

DATED: May 12, 2010

Hon. Nancy E. Smith

Associate Justice