Appellate Division: Second Judicial Department

M197412

E/ct

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2014-07206, 2014-08115 The People, etc., respondent, D v Derek Malloy, appellant. (Ind. No. 60/14)

ECISION & ORDER ON APPLICATION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered August 11, 2014, under Appellate Division Docket No. 2014-08115, to continue a stay issued pursuant to CPL 530.45 by decision and order on motion of this Court dated July 30, 2014, under Appellate Division Docket No. 2014-07206, and extended by decisions and orders on motion of this Court dated January 21, 2015, and April 27, 2015, respectively.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the stay granted by the decision and order on motion of this Court dated July 30, 2014, and extended by decisions and orders on motion of this Court dated January 21, 2015, and April 27, 2015, is extended pending hearing and determination of the appeal on the same bail conditions as set forth in the decision and order on motion of this Court dated July 30, 2014; and it is further,

ORDERED that the stay shall terminate and be of no further effect as of September 21, 2015, and the appellant shall thereafter surrender himself to the Supreme Court, Kings County, so that execution of the sentence may take place, unless the appeal from the judgment rendered August 11, 2014, 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, this order shall constitute authorization to any peace officer to arrest and deliver the defendant to the sentencing court for execution of sentence.

DILLON, J.P., DICKERSON, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court