Appellate Division: Second Judicial Department

M261323

X/jr

SYLVIA O. HINDS-RADIX, J.

2018-10697 The People, etc., respondent, v Vilair Fonvil, appellant. (Ind. No. 127/17)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Rockland County, rendered September 17, 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, it is

ORDERED that the motion is granted, execution of the judgment is stayed, and the appellant is released on his own recognizance, upon the condition that the appellant shall surrender his passport, if any, to the Office of the District Attorney of Rockland County, and is prohibited from applying for any new or replacement passports; 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 period of incarceration 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 together with proof that the appellant has surrendered his passport, if any, to the Office of the District Attorney of Rockland County, the Warden of the facility at which the defendant is incarcerated, or his or her agent, is directed to immediately release the defendant; 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.

SYLVIA HINDS-RADIX, J.

Associate Justice