Appellate Division: Second Judicial Department

M275450

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2020-07556 The People, etc., respondent, v Lawrence Porcari, appellant. (Ind. No. 2019-0432)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Westchester County, rendered September 9, 2020. Motion by the appellant to continue a stay of execution of said judgment, which was granted by the County Court, Westchester County, on September 9, 2020, and to direct a certain court reporter to file certain transcripts.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted to the extent that the stay of execution of the judgment granted by the County Court, Westchester County, on September 9, 2020, is extended pending hearing and determination of the appeal from the judgment rendered September 9, 2020, on condition that the appeal is perfected by February 22, 2021, and upon the conditions imposed by the County Court, Westchester County, and the motion is otherwise denied as academic; and it is further,

ORDERED that the stay shall terminate and be of no further effect as of February 22, 2021, and the appellant shall thereafter surrender himself to the County Court, Westchester County, to serve the sentence imposed, unless the appeal from the judgment rendered September 9, 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.

DILLON, J.P., AUSTIN, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court