People v David, Oswind
Motion No: 2007-01529
Slip Opinion No: 2011 NY Slip Op 90291(U)
Decided on November 21, 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.


Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M129109

E/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2007-01529

The People, etc., respondent,

v Oswind David, appellant.

(Ind. No. 75/06)

DECISION & ORDER ON MOTION

Motion by the appellant to continue a stay of execution of a judgment of the Supreme Court, Kings County, rendered February 8, 2007, pursuant to CPL 460.50, which was granted by a decision and order on motion of this Court dated May 25, 2011.

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

ORDERED that the motion is granted, and the stay of execution of the judgment granted by the decision and order on motion dated May 25, 2011, is extended pending hearing and determination of the appeal on the same conditions imposed by the decision and order on motion dated May 25, 2011; 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.

DILLON, J.P., ENG, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court