People v Caldwell, Victoria
Motion No: 2015-10383
Slip Opinion No: 2016 NY Slip Op 65704(U)
Decided on March 1, 2016
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M207357

E/ct

L. PRISCILLA HALL, J.P.

SHERI S. ROMAN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2015-10383

The People, etc., respondent

v Victoria Caldwell, appellant.

(Ind. No. 5002/14)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant CPL 460.50 on an appeal from a judgment of the County Court, Suffolk County, rendered October 28, 2015, to continue a stay of execution of said judgment, which was granted by a decision and order on motion of this Court dated November 5, 2015.

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 the stay of execution of the judgment granted by the decision and order on motion of this Court dated November 5, 2015, is extended pending determination of the appeal on condition that the appeal is perfected by June 29, 2016; and it is further,

ORDERED that this stay shall terminate and be of no further effect, and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before June 29, 2016; 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 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.

HALL, J.P., ROMAN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court