Appellate Division: Second Judicial Department

M163011

S/sl

L. PRISCILLA HALL, J.

2013-08636 The People, etc., respondent, v Carlos Palencia, appellant. (Ind. No. 1490/12)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Nassau County, rendered September 13, 2013, and to release the appellant on his own recognizance or to set 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 to the extent that execution of the judgment is stayed upon the posting of an insurance company bail bond in the amount of $25,000 or by depositing the sum of $15,000 as a cash bail alternative, and upon the following conditions:

1. the appellant shall be fitted with a electronic monitoring bracelet with monitoring services to be provided by an entity approved by the office of the District Attorney of Nassau County and paid for by the appellant;

2. the electronic monitoring service shall provide monthly status reports to the office of the District Attorney of Nassau County, and if it determines that the appellant has used alcohol and/or any controlled substances the electronic monitoring service shall immediately report this information to the office of the District Attorney of Nassau County, through assistant district attorney Ania M. Pulaski, or her successor;

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

4. the appellant shall not be arrested; and it is further,

ORDERED that in the event the appellant chooses the cash bail alternative and the cash bail in the sum of $10,000 previously posted by the appellant on Nassau County Indictment No. 1490/12 has not been exonerated, it shall remain in effect and the appellant may post additional cash bail in the sum of $5,000; and it is further,

ORDERED that if the appellant fails to comply with any of the conditions set forth above the District Attorney of Nassau County may move to vacate the stay on three days notice; 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 posted bail in accordance with the provisions of this order, and (2) proof that the appellant has arranged for electronic monitoring with an entity approved by the office of the District Attorney of Nassau 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.

L. PRISCILLA HALL

Associate Justice