| People v Smith, Gary V. |
| Motion No: 2011-06685 |
| Slip Opinion No: 2011 NY Slip Op 79452(U) |
| Decided on July 28, 2011 |
| 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
M123664
S/kmb
ARIEL E. BELEN, J.
|
2011-06685 The People, etc., respondent v Gary V. Smith, appellant. (Ind. No. 10-00276)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Westchester County, rendered July 12, 2011, 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 upon condition that the appellant post bail by the giving of an insurance company bail bond in the amount of $125,000, or by depositing the same amount as a cash bail alternative; and upon the further condition that the appellant surrender his passport to the Office of the District Attorney, Westchester County; 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 upon receipt of this order together with (1) proof that the appellant has given an insurance company bail bond in the amount of $125,000 or has deposited that sum as a cash bail alternative, and (2) proof that the appellant has surrendered his passport, if any, to the Office of the District Attorney, Westchester County, the Warden of the facility at which the appellant is incarcerated, or his or her agent, is directed to immediately release the appellant; 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