Appellate Division: Second Judicial Department

M205609

S/kmb

L. PRISCILLA HALL, J.

2015-12576 The People, etc., respondent, v Ramon Gonzalez-Vasquez, appellant. (Ind. No. 10070/13)

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, Kings County, rendered December 17, 2015, and to fix reasonable bail.

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

ORDERED that the motion is granted, execution of the judgment is stayed, and bail is set by the giving of an insurance company bail bond in the amount of $5,000 or by depositing the sum of $5,000 as a cash bail alternative, upon the conditions that (1) the appellant surrender any and all passports in his possession to the Office of the District Attorney of Kings County, and shall not apply for any new or replacement passports pending hearing and determination of the appeal and (2) the appellant shall comply with all terms of the order of protection issued December 17, 2015, pending hearing and determination of the appeal; 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 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 appellant to the sentencing court to begin the execution of 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 and that he has surrendered any and all passports in his possession to the Office of the District Attorney of Kings County 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.

L. PRISCILLA HALL

Associate Justice