| People v Lombardo, Christopher |
| Motion No: 2013-09908 |
| Slip Opinion No: 2014 NY Slip Op 65244(U) |
| Decided on February 28, 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
M170577
E/ct
REINALDO E. RIVERA, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
|
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 on appeals from two judgments of the County Court, Nassau County, both rendered October 28, 2013, to continue a stay of execution of so much of the judgments as imposed periods of incarceration, which was granted by decision and order of this Court dated October 30, 2013.
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 so much of the judgments as imposed periods of incarceration is stayed, and the appellant's release on his own recognizance is continued, on condition that the appeals are perfected by April 14, 2014, and on further 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, and the appellant shall thereafter surrender to serve the periods of incarceration imposed, unless the appeals are perfected on or before April 14, 2014; and it is further,
ORDERED that upon the termination of this stay by failure to perfect the appeals on or before April 14, 2014, or upon the failure of the appellant to comply with the condition that he continues to comply with the remaining provisions of the judgments which, inter alia, imposed three years probation, 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 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.
RIVERA, J.P., LOTT, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court