Appellate Division: Second Judicial Department

M243848

E/rr

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2017-02198 The People, etc., respondent, v Anthony Baldwin, appellant. (S.C.I. No. 72660/15)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered December 21, 2016, to extend a stay of execution of the judgment which was granted by decision and order on motion of this Court dated March 29, 2017, and extended by decision and order on motion of this Court dated August 15, 2017.

Upon the papers filed in support of the motion and the papers filed 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 March 29, 2017, and extended by decision and order on motion of this Court dated August 15, 2017, is further extended pending determination of the appeal on condition that the appeal is perfected by March 1, 2018, and upon the same bail conditions imposed by the decision and order on motion of this Court dated August 15, 2017; 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 is perfected on or before March 1, 2018; 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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court