Appellate Division: Second Judicial Department

M136169

S/ct

ARIEL E. BELEN, J.

2012-03107 The People, etc., respondent, v Tramayne Murphy, appellant. (Ind. No. 1549/11)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Queens County, rendered April 2, 2012, and to release the appellant on her own recognizance.

Upon the papers filed in support of and in opposition to the motion, and upon hearing the attorneys for the parties, it is

ORDERED that the motion is granted to the extent that execution of so much of the judgment as imposed a sentence of one year incarceration is stayed, and the appellant is released on her own recognizance, upon the following conditions:

1. the appellant shall report to the Queens County Department of Probation within 24 hours of her release from incarceration;

2. the appellant shall be fitted with a SCRAM bracelet with monitoring services to be provided by Consulting Project, Inc., and paid for by the appellant;

3. Consulting Project, Inc., shall provide monthly status reports to the office fo the District Attorney of Queens County, and if it determines that the appellant has used alcohol and/or any controlled substances Consulting Project, Inc., shall immediately report this information to the office of the District Attorney of Queens County, through assistant district attorney Jennifer Tubridy, or her successor;

4. the appellant shall surrender any and all passports to the Office of the District Attorney of Queens County and is prohibited from applying for any new or replacement passports;

5. the appellant shall not operate a motor vehicle and shall not apply for a driver's license;

6. the arrest of the appellant on any charges shall result in the immediate termination of the stay; and it is further,

ORDERED that the motion is otherwise denied, execution of so much of the judgment as imposed five years probation shall not be stayed, and the conditions of probation pronounced by the Supreme Court, Queens County, shall take effect immediately; 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 has 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 upon receipt of a copy of this order together with (1) proof that the appellant has arranged with Consulting Project, Inc., to be fitted with a SCRAM bracelet, and (2) proof that the appellant has surrendered her passport, if any, to the Office of the District Attorney of Queens 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