Appellate Division: Second Judicial Department

M139212

S/nl

PLUMMER E. LOTT, J.

2012-04983 The People, etc., respondent, v Dwayne McLaren, appellant. (Ind. No. 2159/10)

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 30, 2012, 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, it is

ORDERED that the motion is granted and 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 $30,000, or by depositing the sum of $10,000 as a cash bail alternative; 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 proof that the appellant has given an insurance company bail bond in the amount of $30,000 or has deposited $10,000 as a cash bail alternative the Warden of the facility at which the defendant is incarcerated, or his agent, is directed to immediately release the defendant.

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.

PLUMMER E. LOTT

Associate Justice