| People v Gomez, Dominique |
| Motion No: 2014-08194 |
| Slip Opinion No: 2014 NY Slip Op 82732(U) |
| Decided on September 4, 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
M179549
S/sl
MARK C. DILLON, J.
|
2014-08194
The People, etc., respondent, v Dominique Gomez, appellant. (Ind. No. 52/13)
| 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 August 20, 2014, and to set bail.
Upon the papers filed in support of 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 $150,000 or by depositing the sum of $150,000 as a cash bail alternative; and it is further,
ORDERED that in the event the appellant chooses the insurance company bail bond alternative and the insurance company bail bond in the sum of $50,000 previously posted by the appellant on Dutchess County Indictment No. 52/13 is still in effect , it shall remain in effect and the appellant may post an additional insurance company bail bond in the sum of $100,000; 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 proof that the appellant has posted bail in accordance with the provisions 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 appeal is taken.
MARK C. DILLON
Associate Justice