Appellate Division: Second Judicial Department

M270454

E/mb

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY, JJ.

2019-08643, 2019-12928 The People, etc., respondent, v John Jacaruso, appellant. (Ind. No. 1937/18)

DECISION & ORDER ON MOTION

Motion by the appellant to continue a stay issued pursuant to CPL 530.45 by decision and order on application of this Court dated July 26, 2019, under Appellate Division Docket No. 2019-08643, on an appeal from a judgment of the Supreme Court, Queens County, rendered July 31, 2019.

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 it is further,

ORDERED that the stay granted by the decision and order on application of this Court dated July 26, 2019, under Appellate Division Docket No. 2019-08643, is extended pending hearing and determination of the appeal from the judgment rendered July 31, 2019, on the same bail conditions as set forth in the decision and order on application of this Court dated July 26, 2019; and it is further,

ORDERED that the stay shall terminate and be of no further effect as of May 17, 2020, and the appellant shall thereafter surrender himself to the Supreme Court, Queens County, so that execution of the sentence may take place, unless the appeal from the judgment rendered July 31, 2019, 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 defendant to the sentencing court for execution of sentence.

AUSTIN, J.P., COHEN, MALTESE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court