Appellate Division: Second Judicial Department

M142867

S/sl

LEONARD B. AUSTIN, J.

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

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to amend a decision and order on application of this Court dated July 6, 2012, which granted the appellant's motion 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, and directed that he be released on bail and upon certain conditions, to allow the appellant to travel from his home in Nyack to the Rockland County Department of Probation in New City, for a presentence interview.

Separate motion by the respondent to amend the decision and order on application dated July 6, 2012, to add a provision precluding the appellant from having minor children, other than his own children, at his residence, in his house, or on his property.

Upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, and upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion is granted and the decision and order on application of this Court dated July 6, 2012, is amended by adding to the provision thereof which imposed a condition that the appellant remain confined to house arrest and wear an electronic monitoring bracelet, with monitoring services to be provided by Secure Alert and paid for by the appellant, the following:

", except that the appellant shall be allowed to travel from his home in Nyack to the Rockland County Department of Probation in New City for the purpose of a presentence interview on condition that the appellant shall inform the District Attorney of Rockland County and Secure Alert of the date and time of his interview and of the exact route he intends to follow to and from the Rockland County Department of Probation"; and it is further,

ORDERED that the respondent's motion is granted to the extent that the decision and order on application of this Court dated July 6, 2012, is further amended by adding to the provision thereof which imposed a condition that the appellant remain confined to house arrest and wear an electronic monitoring bracelet, with monitoring services to be provided by Secure Alert and paid for by the appellant, the following:

"; the appellant is precluded from having minor children, other than his own children, or the son of his girlfriend, present at his residence, in his house, or on his property"; and it is further,

ORDERED that the respondent's motion is otherwise denied.

LEONARD B. AUSTIN

Associate Justice