| People of State of New York v Zachary El Shazly |
| Motion No: 2016-03054 SCR |
| Slip Opinion No: 2017 NY Slip Op 77626(U) |
| Decided on June 15, 2017 |
| 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 Zachary El Shazly, Appellant. |
Motion by appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered December 2, 2016, to continue the stay of execution of judgment, which was granted by the Supreme Court, Suffolk County, on December 2, 2016, pending the determination of the appeal to this court, to compel the District Court, pursuant to CPL 460.10 (3), to file an amended return to appellant's affidavit of errors, and to hold the appeal in abeyance and remit the case to a judge of the District Court for a review of the sentence imposed.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to continue the Supreme Court's stay of execution of judgment is granted on condition that the appeal be perfected by August 4, 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; and it is further,
ORDERED that the branch of the motion seeking to compel the District Court to file an amended return to appellant's affidavit of errors is granted and the District Court is directed to file with this court, and to serve upon the parties, an amended return to appellant's affidavit of errors within 30 days of the date of this decision and order on motion; and it is further,
ORDERED that the branch of the motion seeking to hold the appeal in abeyance and remit the case to a judge of the District Court for a review of the sentence imposed is denied.
Pursuant to CPL 460.10 (3) (d), the "court's return must set forth or summarize evidence, facts or occurrences in or adduced at the proceedings resulting in the judgment, sentence or order, which constitute the factual foundation for the contentions alleged in the affidavit of errors."
ENTER:
Paul Kenny
Chief Clerk