Appellate Division : Second Judicial Department

M120734

S/sl

JOSEPH COVELLO, J.

2007-01529 The People, etc., respondent v Oswind David, appellant. (Ind. No. 75/06)

DECISION & ORDER ON MOTION

On the Court's own motion, the decision and order on motion in the above-entitled appeal dated May 24, 2011, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Kings County, rendered February 8, 2007, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.

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 $75,000 or by depositing that sum as a cash bail alternative, upon condition that the appellant surrender any and all passports to the Office of the District Attorney of Kings County and is prohibited from applying for any new or replacement passports; 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 execute sentence; and it is further,

ORDERED that the Warden of the facility at which the appellant is incarcerated, or his or her agent, is directed to immediately release the appellant upon receipt of a certified copy of this order and proof that bail has been posted in accordance herewith and proof that the appellant has complied with the condition regarding passports; 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.

JOSEPH COVELLO

Associate Justice