| People of State of New York v Kwang Shik Kim |
| Motion No: 2017-02431 NCR |
| Slip Opinion No: 2018 NY Slip Op 73427(U) |
| Decided on May 18, 2018 |
| 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 Kwang Shik Kim, Appellant. |
Motion by appellant, pursuant to CPL 460.50, for a stay of execution of a judgment of conviction of the Justice Court of the Village of Muttontown, Nassau County, rendered November 30, 2017, and, in effect, to vacate the judgment. By order to show cause dated March 7, 2018, appellant was directed to show cause before this court why the appeal should not be dismissed as untimely and appellant had not sought leave to file a late notice of appeal.
Upon the order to show cause and the papers filed by appellant in response thereto, and upon the papers filed in support of appellant's motion and the papers filed by respondent in partial opposition thereto, it is
ORDERED that the motion to dismiss the appeal as untimely is denied; and it is further,
ORDERED that the branch of appellant's motion seeking a stay of execution of a judgment of conviction is granted; and it is further,
ORDERED that this stay shall terminate and be of no further effect 120 days from the date of this decision and order on motion 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 appellant shall serve a copy of this order, by mail, on the clerk of the court from which the appeal is taken; and it is further,
ORDERED that the branch of appellant's motion, in effect, seeking to vacate the judgment is denied.
ENTER:
Paul Kenny
Chief Clerk