| People v Salamone, Paul |
| Motion No: 2009-10395 |
| Slip Opinion No: 2010 NY Slip Op 77232(U) |
| Decided on July 16, 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
M105808
S/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
|
2009-10395, 2009-10396 The People, etc., respondent, v Paul Salamone, appellant. (Ind. Nos. 2040-08, 472-09)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two judgments of the County Court, Suffolk County, both rendered October 6, 2009, to amend an order of the same court dated October 16, 2009, which granted the appellant's motion for a stay of execution of the judgments pursuant to CPL 460.50, by adding thereto a provision directing the appellant to surrender to begin serving his sentence unless he moves for an extension of the stay. Application by the appellant to enlarge time to perfect the appeals, and to continue the stay of execution of said judgment pending determination of the appeals to this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted; and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged until November 2, 2010, and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the stay of execution of the judgment granted by the order dated October 16, 2009, is extended pending hearing and determination of the appeals; and it is further,
ORDERED that counsel for the defendant shall serve a copy of this order, by mail, on the Clerk of the Court from which the appeals are taken; and it is further,
ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, unless the appeals are perfected on or before November 2, 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 defendant to the sentencing court to begin the execution of sentence.
SKELOS, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court