Appellate Division : Second Judicial Department

M252866 X/sl

JOHN M. LEVENTHAL, J.

2017-06986 The People, etc., respondent, v Christopher M. Peloso, appellant. (Ind. No. 15-00009)

DECISION & ORDER ON MOTION

2018-05444

The People, etc., respondent,

v Christopher M. Peloso, appellant.

(Ind. No. 15-00009)

Motion by the appellant pursuant to CPL 460.50 on an appeal from a judgment of the County Court, Orange County, rendered June 5, 2017, and pursuant to CPL 460.50(6) on an appeal, by permission, from an order of the same court dated March 5, 2018, for a stay of execution of the judgment and to fix reasonable bail.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon hearing the attorneys for the respective parties, it is

ORDERED that the motion is granted and execution of the judgment is stayed, pending hearing and determination of the appeals, by the giving of an insurance company bail bond in the sum of $300,000 or by depositing the sum of $150,000 as a cash bail alternative, upon the conditions that: (1) the appellant surrender any and all passports in his possession to the Office of the District Attorney of Orange County, and shall not apply for any new or replacement passports, (2) the appellant shall remain within and shall not travel beyond the geographical limits of the State of New York, except upon the express written consent of the District Attorney of Orange County, and (3) the appellant shall provide to the Office of the District Attorney of Orange County, in a form approved by the District Attorney, an affidavit stating that if the appellant leaves the jurisdiction he agrees to waive his right to oppose extradition from any foreign jurisdiction; and it is further,

ORDERED that upon receipt of a copy of this decision and order on motion together with an affirmation from the appellant's attorney stating that the appellant has surrendered any and all passports in his possession and that the appellant's attorney has sent such passports to the Office of the District Attorney of Orange County by overnight mail, and proof that the appellant has given an insurance company bail bond in the sum of $300,000 or has deposited the sum of $150,000 as a cash bail alternative, the Warden of the facility at which the appellant is incarcerated, or his or her agent, is directed to immediately release the appellant; and it is further,

ORDERED that counsel for the appellant shall serve a copy of this decision and order on motion, by mail, on the Clerk of the court from which the appeals are taken.

JOHN M. LEVENTHAL

Associate Justice