Appellate Division: Second Judicial Department

M250392

E/afa

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2017-05489 The People, etc., respondent, v Tinkita Smith, appellant. (Ind. No. 10486/15)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered April 20, 2017, to continue a stay of execution of said judgment, which was granted by a decision and order on motion of this Court dated August 9, 2017, and extended by decisions and orders on motion of this Court dated December 15, 2017, and February 26, 2018, respectively.

Upon the papers filed in support of the motion and the papers filed in opposition 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 August 9, 2017, and extended by decisions and orders on motion of this Court dated December 15, 2017, and February 26, 2018, is extended pending determination of the appeal on condition that the appeal is perfected by August 20, 2018, and upon the same conditions imposed by the decision and order on motion of this Court dated August 9, 2017; 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 August 20, 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 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.

SCHEINKMAN, P.J., BALKIN, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court