Appellate Division : Second Judicial Department

M111332

E/sl

ARIEL E. BELEN, J.

2010-11029 The People, etc., respondent v John A. DiSalvo, appellant. (Ind. No. 2078/07)

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 November 12, 2010, and to release the appellant on reasonable bail pending the determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon hearing the attorneys for the respective parties, it is

ORDERED that the motion is granted, execution of the judgment is stayed, and bail is set by the giving of an insurance company bail bond in the amount of $250,000 or by depositing that sum as a cash bail alternative; and it is further,

ORDERED that in the event that the bail bond in the sum of $100,000 previously posted by the appellant on Queens County Indictment No. 2078/07 has not been exonerated, it shall remain in effect and the appellant shall post additional bail in the sum of $150,000 either by the giving of an insurance company bail bond in that amount or by depositing that sum as a cash bail alternative; and it is further,

ORDERED that this stay shall terminate and be of no further effect 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 shall have extended this order; 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