Appellate Division: Second Judicial Department

M275457

E/sl

ROBERT J. MILLER, J.

2016-06178 The People, etc., respondent, v Fabian Melendez, appellant. (Ind. No. 154/2014)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Richmond County, rendered May 20, 2016, which has been perfected. Motion by the appellant pursuant to CPL 460.50 for a stay of execution of said judgment, and to be released 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 $25,000, or a partially secured bond in that amount, with the requirement of 10% down, or by depositing that amount as a cash bail alternative; 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 $25,000, or a partially secured bond in the amount of $25,000 with the requirement of 10% down, or has deposited the amount of $25,000 as a cash bail alternative, 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.

ROBERT J. MILLER

Associate Justice