Appellate Division: Second Judicial Department

M254123

X/htr

LEONARD B. AUSTIN, J.

2018-09453 The People, etc., respondent, v Thomas Picciochi, appellant. (SCI No. 01455/13)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of an amended judgment of the County Court, Suffolk County, rendered July 25, 2018, and to release the appellant on his own recognizance, or, in the alternative, to fix reasonable bail.

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 and execution of the amended judgment is stayed upon the condition that the appellant shall comply with all terms of the Sex Offender Conditions of Probation dated June 13, 2014, except paragraph 1A insofar as it applies to the alleged victim K.R.; 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 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, 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 upon receipt of a copy of this decision and order on motion, 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 appeal is taken.

LEONARD B. AUSTIN

Associate Justice