Appellate Division: Second Judicial Department

M234736

X/sl

RUTH C. BALKIN, J.

2017-06993 The People, etc., respondent, v Terence Murdock, appellant. (Ind. No. 1316/16)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of so much of a judgment of the Supreme Court, Nassau County, rendered June 21, 2017, as imposed a period of incarceration upon the appellant and to release the appellant on his own recognizance.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon hearing the attorneys for the respective parties, it is

ORDERED that the motion is granted, execution of so much of the judgment as imposed a period of incarceration upon the appellant is stayed, and the appellant is released on his own recognizance, upon the conditions that (1) the appellant shall surrender his passport, if any, to the Office of the District Attorney of Nassau County, and is prohibited from applying for any new or replacement passports, and (2) the appellant shall report to the Nassau County Probation Department within 24 hours of his release from incarceration; and it is further,

ORDERED that pending determination of the appeal, so much of the judgment as placed the appellant on probation shall remain in effect, and all "Conditions" of the appellant's probation, and "Additional Conditions of Probation Pertaining to Alcohol," imposed June 21, 2017, shall remain in full force and 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 period of incarceration 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, or upon the failure of the appellant to comply with the above conditions, or upon the violation of any condition of his probation, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court to resume the execution of the period of incarceration; and it is further,

ORDERED that upon receipt of a copy of this decision and order on motion together with proof that the appellant has surrendered his passport, if any, to the Office of the District Attorney of Nassau County, the Warden of the facility at which the defendant is incarcerated, or his or her agent, is directed to immediately release the defendant; 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.

RUTH C. BALKIN

Associate Justice