People v Jose Nunez

Motion No: M-3152

Slip Opinion No: 2018 NYSlipOp 81972(U)

Decided on August 30, 2018

Appellate Division, First 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.

August 30, 2018

The People of the State of New York,

Respondent,

v

Jose Nunez,

Defendant-Appellant.

An appeal having been taken to this Court from a judgment of the Supreme Court, New York County, rendered on or about August 17, 2016, and said appeal having been perfected, And defendant-appellant having again moved for an order continuing the stay of execution of sentence and bail pending determination of the appeal, which stay was granted by orders of a Justice of this Court, dated July 1, 2016 and December 22, 2016, and extended by orders of this Court entered May 23, 2017, September 12, 2017 and February 20, 2018, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that the motion is denied as moot, as defendant perfected the appeal on March 14 2018, which met the condition of this Court's order of February 20, 2018, that the appeal be perfected for the September 2018 Term of this Court. The stay

of execution of sentence and bail extended in this Court's February 20, 2018 order therefore remains in effect pending determination of the appeal. ENTERED: August 30, 2018

_____________________ DEPUTY CLERK

Present - Hon. Judith J. Gische, Justice Presiding, Troy K. Webber Jeffrey K. Oing Anil C. Singh Peter H. Moulton,Justices

M-3152

Ind. No. 3874/14