| People of State of New York v Guolan Miao |
| Motion No: 2016-00673 SCR |
| Slip Opinion No: 2016 NY Slip Op 92533(U) |
| Decided on November 14, 2016 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Guolan Miao, Appellant. |
Motion by respondent on an appeal from a judgment of conviction of the District Court of Suffolk County, Sixth District, rendered March 7, 2016, to vacate a decision and order on motion of this court dated May 10, 2016 which granted appellant's motion for a stay of execution of the judgment of conviction.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that respondent's motion is denied; and it is further,
ORDERED, on the court's own motion, that the stay of execution of the judgment is extended pending the determination of the appeal on condition that the appeal be perfected by February 3, 2017, and it is further,
ORDERED that in the event that the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk