| People v Smith, Tinkita |
| Motion No: 2017-05489 |
| Slip Opinion No: 2018 NY Slip Op 87397(U) |
| Decided on October 30, 2018 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M257077
E/afa
JOHN M. LEVENTHAL, J.P.
ROBERT J. MILLER
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, 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, February 26, 2018, May 21, 2018, and August 31, 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, February 26, 2018, May 21, 2018, and August 31, 2018, is extended pending determination of the appeal on condition that the appeal is perfected by November 29, 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 no further extensions of time of the date to perfect the appeal as a condition of the stay shall be granted; 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 November 29, 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.
LEVENTHAL, J.P., MILLER, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court