Appellate Division: Second Judicial Department

M271839

E/

RUTH C. BALKIN, J.

2019-02484 The People, etc., respondent, v Christopher Applewhite, appellant. (Ind. No. 3635/2016)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered January 21, 2019. Motion by the appellant pursuant to CPL 460.50 for a stay of execution of said judgment 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, and upon hearing the attorneys for the respective parties, it is

ORDERED that the motion is granted and execution of the judgment is stayed by the giving of an insurance company bail bond in the amount of $200,000, or a partially secured surety bond in the amount of $200,000 with a 10% deposit, or by depositing the sum of $100,000 as a cash bail alternative, without prejudice to the respondent's requesting that the Supreme Court, Kings County, conduct a bail source hearing, at the time bail is posted, if the respondent be so advised (see CPL 520.30), upon the conditions that: (1) the appellant surrender any and all passports in his possession to the Office of the District Attorney of Kings County, and shall not apply for any new or replacement passports, (2) the appellant shall remain within and shall not travel beyond the geographical limits of the City of New York, (3) the appellant shall provide to the Office of the District Attorney of Kings County, in a form approved by the District Attorney, an affidavit stating that if the appellant leaves the jurisdiction he agrees to waive his right to oppose extradition from any foreign jurisdiction, and (4) the appellant shall wear an electronic monitoring bracelet with monitoring services to be provided by an entity approved by the Office of the District Attorney of Kings County, and any violations shall be reported by the electronic monitoring service to the Office of the District Attorney of Kings County and the appellant shall be detained until such time as the alleged violation can be adjudicated before the Supreme Court, Kings County; 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 sentence 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 given an insurance company bail bond in the amount of $200,000, or a partially secured surety bond in the amount of $200,000 with a 10% deposit, or has deposited the sum of $100,000 as a cash bail alternative, and proof that the appellant has arranged for electronic monitoring with an entity approved by the Office of the District Attorney of Kings County, and surrendered any and all passports in his possession to the Office of the District Attorney of Kings County, the Warden of the facility at which the appellant is incarcerated, or his or her agent, is directed to immediately release the appellant; and it is further,

ORDERED that counsel for the appellant shall serve a copy of this decision and order on motion, by mail, on the Clerk of the court from which the appeal is taken.

RUTH C. BALKIN

Associate Justice