Appellate Division: Second Judicial Department

M126422

S/sl

JOHN M. LEVENTHAL, J.

2010-03777 The People, etc., respondent, v Baruch Lebovits, appellant. (Ind. No. 11393/08)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to amend a decision and order on motion of this Court dated April 15, 2011, which granted the appellant's motion pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Kings County, rendered April 12, 2010, and directed that he be released from incarceration upon certain conditions, to allow the appellant to attend religious services on Rosh Hashana, Yom Kippur, Succos, and Simchas Torah.

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

ORDERED that the motion is granted to the extent that the decision and order on motion of this Court dated April 15, 2011, is amended by adding to the provision thereof which imposed a condition that the appellant remain confined to house arrest and wear an electronic monitoring bracelet, with monitoring services to be provided by Secure Alert and paid for by the appellant, the following:

"the appellant shall be allowed to attend religious services on the following dates and times:

Rosh Hashana: September 29, 2011 - 8:00 AM to 3:30 PM

September 30, 2011 - 8:00 AM to 3:30 PM

Yom Kippur: October 7, 2011 - 6:15 PM to 10:00 PM

October 8, 2011 - 8:00 AM to 8:30 PM;

on condition that the appellant shall inform the District Attorney of Kings County and Secure Alert of the exact route he intends to follow to and from the site of the above-referenced religious services"; and it is further,

ORDERED that the motion is otherwise denied.

JOHN M. LEVENTHAL

Associate Justice