Appellate Division : Second Judicial Department

M113003

S/nl

SANDRA L. SGROI, J.

2010-11812 The People, etc., respondent v Francis C. Lynehan, appellant. (Ind. No. 35/10)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 to stay execution of so much of a judgment of the County Court, Dutchess County, rendered December 9, 2010, as directed the incarceration of the appellant and to release the appellant on $10,000 bail.

Upon the papers filed in support of the motion and upon the consent of the People, it is

ORDERED that the motion is granted, execution of so much of the judgment as directed the appellant's incarceration is stayed, and bail is set by the giving of an insurance company bail bond in the amount of $10,000, or by depositing the same sum as a cash bail alternative; and it is further,

ORDERED that pending determination of the appeal so much of the judgment as placed the appellant on five years probation and directed that he be placed on electronic monitoring (house arrest) by the Dutchess County Department of Probation for a period of six months shall continue in effect; 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 or upon the violation of any condition of his probation, 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.

SANDRA L. SGROI

Associate Justice