| People v Lombardo, Christopher |
| Motion No: 2013-09908 |
| Slip Opinion No: 2013 NY Slip Op 90012(U) |
| Decided on October 30, 2013 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M164836
S/sl
PETER B. SKELOS, J.
|
2013-09908, 2013-09922 The People, etc, respondent, v Christopher Lombardo, appellant. (Docket Nos. 69/13, 70/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of so much of two judgments of the County Court, Nassau County, both rendered October 28, 2013, as imposed periods of incarceration, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.
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, execution of so much of the judgments as imposed periods of incarceration is stayed, and the appellant is released on his own recognizance, on condition that the appellant continues to comply with the remaining provisions of the judgments which, inter alia, imposed three years probation; 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 periods of incarceration imposed, unless the appeals shall have 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, or upon the failure of the appellant to comply with the above condition, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court to begin the execution the periods of incarceration; and it is further,
ORDERED that upon receipt of a copy of this order 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 appeals are taken.
PETER B. SKELOS
Associate Justice