Appellate Division : Second Judicial Department

M178009

S/mv

JOSEPH J. MALTESE, J.

2014-07206 The People, etc., plaintiff, D v Derek Malloy, defendant. (Ind. No. 60/14)

ECISION & ORDER ON APPLICATION

Application by the defendant pursuant to CPL 530.45 to be released on bail after his conviction of assault in the third degree and criminal mischief in the fourth degree, in the Supreme Court, Kings County, upon a jury verdict, on July 21, 2014. The Supreme Court, Kings County, remanded the defendant pending the imposition of sentence.

Upon the papers filed in support of the application and upon hearing the attorneys for the respective parties, it is

ORDERED that the application is granted, the defendant's bail is set by the giving of an insurance company bail bond in the amount of $5,000 or by depositing that sum as a cash bail alternative; and it is further,

ORDERED that if, within 30 days after the imposition of sentence, the defendant has not taken an appeal to this Court from the judgment of conviction or sentence, the operation of this order shall terminate and be of no further effect and the defendant shall thereafter surrender himself to the Supreme Court, Kings County, so that execution of the sentence may take place; and it is further,

ORDERED that unless the appeal shall have been brought to argument or submitted to this Court within 120 days after the filing of the notice of appeal, or unless this Court shall have extended the operation of this order on application, this order shall terminate and be of no further effect and the defendant shall thereafter surrender himself to the Supreme Court, Kings County, so that execution of the sentence may take place; and it is further,

ORDERED that upon the termination of this order as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the defendant to the sentencing court for execution of sentence; and it is further,

ORDERED that upon receipt of a copy this decision and order on application together with proof that the defendant has given an insurance company bail bond in the amount of $5,000 or deposited that sum as a cash bail alternative, the Warden of the facility at which the defendant is incarcerated, or his or her agent, is directed to immediately release the defendant; and it is further,

ORDERED that counsel for the defendant shall serve a copy of this order, by mail, on the Clerk of the Supreme Court, Kings County.

JOSEPH J. MALTESE

Associate Justice