Appellate Division: Second Judicial Department

M107401

S/sl

ARIEL E. BELEN, J.

2008-00601 The People, etc., respondent, v Shawn Hill, appellant. (Ind. No. 1268/05)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Queens County, rendered January 17, 2008, and to release the appellant on his own recognizance.

Upon the papers filed in support of the motion and upon the papers filed in opposition thereto, it is

ORDERED that the motion is granted, execution of the judgment is stayed, and the person having custody of the appellant is directed to release him forthwith upon 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 sentence 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 sentencing court to begin the 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.

ARIEL E. BELEN

Associate Justice