| People v Joseph, Kethlie |
| Motion No: 2015-10384 |
| Slip Opinion No: 2017 NY Slip Op 79336(U) |
| Decided on July 7, 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. |
Appellate Division: Second Judicial Department
M234229
U/ct
L. PRISCILLA HALL, J.P.
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX
ANGELA G. IANNACCI, JJ.
|
2015-10384 The People, etc., respondent, v Kethlie Joseph, appellant. (Ind. No. 5002/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered October 28, 2015, to continue a stay of execution of said judgment, which was granted by a decision and order on motion of this Court dated November 5, 2015, and continued by decisions and orders on motion of this Court dated March 17, 2016, July 22, 2016, November 4, 2016, and March 9, 2017, respectively.
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 decision and order on motion of this Court dated November 5, 2015, and continued by the decisions and orders on motion of this Court dated March 17, 2016, July 22, 2016, November 4, 2016, and March 9, 2017, is extended pending determination of the appeal on condition that the appeal is perfected by October 10, 2017; and it is further,
ORDERED that no further motions for continuation of the stay of execution of the judgment will be granted; 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 October 10, 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 a copy of this order, by mail, on the clerk of the court from which the appeal is taken.
HALL, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court