Appellate Division: Second Judicial Department

M281838

SL/

BETSY BARROS, J.

2022-00994 The People, etc., respondent, v Ernest Montalvo, appellant. (Ind. No. 6955/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered February 9, 2022. 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 $50,000, or a partially secured surety bond in the amount of $50,000 with a 10% deposit, or by depositing the sum of $10,000 as a cash bail alternative, upon the conditions that: (1) the appellant shall 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, and (2) 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 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 execute sentence; and it is further,

ORDERED that upon receipt of a copy of this decision and order on motion together with proof that: (1) the appellant has given an insurance company bail bond in the amount of $50,000, or a partially secured surety bond in the amount of $50,000 with a 10% deposit, or has deposited the sum of $10,000 as a cash bail alternative, (2) the appellant has surrendered any and all passports in his possession to the Office of the District Attorney of Kings County, and (3) the appellant has executed a waiver of extradition, 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 regular mail, on the Clerk of the court from which the appeal is taken.

BETSY BARROS

Associate Justice