Appellate Division: Second Judicial Department

M218344

S/sl

JOHN M. LEVENTHAL, J.

2016-09620 The People, etc., respondent, v Richard Caputo, appellant. (Ind. No. 942/15)

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, Nassau County, rendered September 12, 2016, 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 the papers filed in relation thereto, and upon hearing the attorneys for the 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 $10,000, or by depositing the sum of $5,000 as a cash bail alternative on condition that (1) the appellant shall surrender any and all passports to the Office of the District Attorney of Nassau County and is prohibited from applying for any new or replacement passports, (2) the appellant shall not leave the State of New York without obtaining permission of the Supreme Court, Nassau County, and (3) the appellant is prohibited from applying for a conditional driver's license; 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 decision and order on motion 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 this decision and order on motion together with (1) proof that the appellant has given an insurance company bail bond in the amount of $10,000 or has deposited the sum of $5,000 as a cash bail alternative and (2) proof that the appellant has surrendered his passport, if any, to the Office of the District Attorney, Nassau 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 decision and order on motion, by mail, on the Clerk of the Court from which the appeal is taken.

JOHN M. LEVENTHAL

Associate Justice