| People v Sassi, Richard, Jr. |
| Motion No: 2014-00324 |
| Slip Opinion No: 2014 NY Slip Op 61034(U) |
| Decided on January 15, 2014 |
| 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
M168352
S/sl
JEFFREY A. COHEN, J.
|
2014-00324
The People, etc., respondent, v Richard Sassi, Jr., appellant. (Ind. No. 127/12)
| 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, Dutchess County, rendered January 6, 2014, 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 and 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 $25,000 as a cash bail alternative, and on condition that the appellant shall surrender any passports in his possession to the District Attorney of Dutchess County and shall not apply for any replacements; 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 surrendered any passports in his possession to the District Attorney of Dutchess 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.
JEFFREY A. COHEN
Associate Justice