Appellate Division : Second Judicial Department

M140247

S/ct

ARIEL E. BELEN, J.

2012-05856 The People, etc., respondent, v Jennifer Jorgensen, appellant. (Ind. Nos. 1425/09, 1099/10)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated June 29, 2012, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Suffolk County, rendered June 22, 2012, and to release the appellant on bail.

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 and execution of the judgment is stayed by the giving of an insurance company bail bond in the amount of $300,000 or by depositing the sum of $200,000 as a cash bail alternative, and upon the following conditions:

1. 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;

2. Consulting Project, Inc., shall provide monthly status reports to the office fo the District Attorney of Suffolk 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 Suffolk County, through assistant district attorney Karla Lato, or her successor;

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

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

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

ORDERED that in the event the appellant chooses the cash bail alternative and the cash bail in the sum of $100,000 previously posted by the appellant on Suffolk County Indictment Nos. 1425/09 and 1099/10 has not been exonerated, it shall remain in effect and the appellant may post additional cash bail in the sum of $100,000; 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 Suffolk 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