Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M191746 S/jr

REINALDO E. RIVERA, J.

2015-03568 The People, etc., respondent, v Tomer Chazbani, appellant. (Ind. No. 1655/11)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Queens County, rendered April 20, 2015, 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 upon hearing the attorneys for the respective parties, it is

ORDERED that the motion is granted to the extent that execution of so much of the judgment as imposed a period of incarceration is stayed by the giving of an insurance company bail bond in the amount of $50,000 or by depositing the sum of $50,000 as a cash bail alternative and on the conditions (1) that the appellant shall surrender his passport, if any, to the Office of the District Attorney of Queens County and is prohibited from applying for any new or replacement passports, and (2) that the appellant shall report to the Queens County Department of Probation within 24 hours of his release from incarceration, and the motion is otherwise denied; and it is further,

ORDERED that pending determination of the appeal so much of the judgment as placed the appellant on five years probation shall not be stayed; 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 period of incarceration imposed, unless the appeal 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 conditions, or upon the violation of any condition of his probation, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court to begin the execution of the period of incarceration; and it is further,

ORDERED that upon receipt of a copy of this decision and order on motion together with (1) proof that the appellant has given an insurance company bail bond in the amount of $50,000 or has deposited the sum of $50,000 as a cash bail alternative and (2) proof that the appellant has surrendered his passport, if any, to the Office of the District Attorney of Queens County, 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 appellant shall serve a copy of this order, by mail, on the Clerk of the court from which the appeal is taken.

REINALDO E. RIVERA

Associate Justice