Appellate Division : Second Judicial Department

M140245

S/ct

LEONARD B. AUSTIN, J.

2012-06158 The People, etc., respondent Todd Retallack, appellant. (Ind. No. 11-00370)

DECISION & ORDER ON APPLICATION

Application by the defendant pursuant to CPL 530.45 to be released on bail after his conviction of sexual abuse in the first degree and endangering the welfare of a child, in the County Court, Rockland County, upon a jury verdict, on June 14, 2012. The County Court, Rockland County, remanded the defendant pending the imposition of sentence.

Upon the papers filed in support of the application and the papers filed in opposition thereto, and upon hearing the attorneys for the respective parties, it is

ORDERED that the application is granted, the defendant's bail is set by the giving of an insurance company bail bond in the amount of $200,000 or by depositing that sum as a cash bail alternative, upon the following conditions:

1. the appellant shall remain confined to house arrest and shall wear an electronic monitoring bracelet, with monitoring services to be provided by Secure Alert and paid for by the appellant;

2. any violations shall be reported by Secure Alert to the Office of the District Attorney of Rockland County, and the appellant shall be detained until such time as the alleged violation can be adjudicated before the County Court, Rockland County;

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

ORDERED that if, within 30 days after the imposition of sentence, the defendant has not taken an appeal to this Court from the judgment of conviction or sentence, the operation of this order shall terminate and be of no further effect and the defendant shall thereafter surrender himself to the County Court Rockland County, so that execution of the sentence may take place; and it is further,

ORDERED that unless the appeal shall have been brought to argument or submitted to this Court within 120 days after the filing of the notice of appeal, or unless this Court shall have extended the operation of this order on application, this order shall terminate and be of no further effect and the defendant shall thereafter surrender himself to the County Court, Rockland County, so that execution of the sentence may take place; and it is further,

ORDERED that upon the termination of this order as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the defendant to the sentencing court for execution of sentence; and it is further,

ORDERED that upon receipt of a copy this decision and order on motion together with (1) proof that the appellant has given an insurance company bail bond in the amount of $200,000 or deposited that sum as a cash bail alternative, (2) proof that the appellant has surrendered his passport, if any, to the Office of the District Attorney, Rockland County, and (3) proof that the appellant has arranged for electronic monitoring by Secure Alert, 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 defendant shall serve a copy of this order, by mail, on the Clerk of the County Court, Rockland County.

LEONARD B. AUSTIN

Associate Justice