Appellate Division: Second Judicial Department

M227941

J//sl

ROBERT J. MILLER, J.

2017-02494 The People, etc., respondent, v Mayer Herskovic, appellant. (Ind. No. 2883/14)

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 March 16, 2017, and to set bail.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon hearing the attorneys for the respective parties, it is

ORDERED that the motion is granted, execution of the judgment is stayed upon condition that the appellant post bail by the giving of a bail bond in the amount of $150,000, or by depositing the sum of $50,000 as a cash bail alternative, and upon the further condition that the appellant surrender any passports in his possession to the Supreme Court, Kings County, or to the Office of the District Attorney, Kings County, and shall not apply for any replacement passports; and it is further,

ORDERED that in the event that the bail bond in the sum of $150,000 or cash bail in the sum of $50,000 previously posted by the defendant on Kings County Indictment No. 2883/14 has not been exonerated, it shall continue and remain in effect; 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 this order together with (1) proof that the appellant has given a bail bond in the amount of $150,000 or has deposited the sum of $50,000 as a cash bail alternative, and (2) proof that the appellant has surrendered his passports, if any, to the Supreme Court, Kings County, or to the Office of the District Attorney, 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.

ROBERT J. MILLER

Associate Justice