People v Sabbagh, Jacob
Motion No: 2016-10951
Slip Opinion No: 2017 NY Slip Op 61391(U)
Decided on January 18, 2017
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

M224789

E/sl

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2016-10951

The People, etc., respondent,

v Jacob Sabbagh, appellant.

(Ind. No. 10139/14)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered September 7, 2016, to extend a stay of execution of said judgment, which was granted by an order of the Supreme Court, Kings County, dated September 7, 2016.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the stay of execution of the judgment granted by the order of the Supreme Court, Kings County, dated September 7, 2016, is extended pending determination of the appeal on condition that the appeal is perfected by April 18, 2017, and on the same conditions imposed by the order of the Supreme Court, Kings County, dated September 7, 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 April 18, 2017; 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 copies of this order, by mail, on the clerk of the Supreme Court, Kings County.

RIVERA, J.P., COHEN, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court