Appellate Division: Second Judicial Department

M271264

E/

LEONARD B. AUSTIN, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2020-01754 The People, etc., respondent, v Jayshawn Rhames, appellant. (Ind. No. 2567/17)

DECISION & ORDER ON MOTION

Appeal by Jayshawn Rhames from a judgment of the Supreme Court, Queens County, rendered January 30, 2020, upon a plea of guilty. Motion by the appellant to continue a stay of execution of said judgment, which was granted by the Supreme Court, Queens County, on January 30, 2020.

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 Supreme Court, Queens County, on January 30, 2020, is extended pending hearing and determination of the appeal from the judgment rendered January 30, 2020, on condition that the appeal is perfected by October 8, 2020, and upon the conditions imposed by the Supreme Court, Queens County; and it is further,

ORDERED that the stay shall terminate and be of no further effect as of October 8, 2020, and the appellant shall thereafter surrender himself to the Supreme Court, Queens County, to serve the sentence imposed, unless the appeal from the judgment rendered January 30, 2020, shall be perfected by that date, 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; 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.

AUSTIN, J.P., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court