Appellate Division: Second Judicial Department

M144954

E/sl

DANIEL D. ANGIOLILLO, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

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 to continue a stay of execution of a judgment of the Supreme Court, Queens County, rendered April 30, 2012, which was granted by a decision and order on motion of this Court dated June 13, 2012, pending determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the stay of execution of the judgment, granted by the decision and order on motion dated June 13, 2012, is extended pending determination of the appeal on condition that the appeal is perfected by February 11, 2013, and on the same bail condition imposed by the decision and order on motion dated June 13, 2012; and it is further,

ORDERED that this stay shall terminate and be of no further effect, and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before February 11, 2013; 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 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.

ANGIOLILLO, J.P., BALKIN, LOTT and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court