Appellate Division: Second Judicial Department

M284085

MB/

ANGELA G. IANNACCI, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

HELEN VOUTSINAS, JJ.

2022-02623 The People, etc., respondent, v John Jacaruso, appellant. (Ind. No. 1937/2018)

DECISION & ORDER ON MOTION

Appeal, by permission, from an order of the Supreme Court, Queens County, dated March 16, 2022. Motion by the appellant pursuant to CPL 460.50(6) for a stay of execution of a judgment of the same court, rendered July 31, 2019, 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, it is

ORDERED that the motion is granted and execution of the judgment is stayed, pending hearing and determination of the appeal from the order, by the giving of an insurance company bail bond in the amount of $50,000, by the giving of a partially secured bond in the amount of $250,000, with the requirement of 10% down, or by depositing the sum of $25,000 as a cash bail alternative, on condition that, in addition to posting a bond or depositing the cash alternative set forth above, the appellant shall (1) wear an electronic monitoring bracelet, with monitoring services to be provided by a qualified entity pursuant to CPL 510.40(4)(c), and any violations of the conditions set forth herein relating to the electronic monitoring shall be reported by the electronic monitoring service provider to the Office of the District Attorney of Queens County, and further proceedings pursuant to CPL 510.40(4)(d), if any, shall be conducted by the Supreme Court, Queens County; (2) remain confined to his residence, except for visits to his attorney, his doctors, or court, and must travel directly from his home to his attorney, his doctors, or court, and directly back to his home, when conducting those visits; (3) surrender all passports, if any, he may have to the Office of the District Attorney of Queens County, or, if he does not possess a passport, he shall provide to the Office of the District Attorney of Queens County an affidavit, in a form approved by the Office of the District Attorney of Queens County, in which he attests that he does not possess a passport, and shall not apply for any new or replacement passports; and (4) provide to the Office of the District Attorney of Queens County an affidavit, in a form approved by the Office of the District Attorney of Queens County, in which he attests that if he leaves the jurisdiction he agrees to waive the right to oppose extradition from any foreign jurisdiction; and it is further,

ORDERED that upon receipt of a copy of this decision and order on motion together with proof that the appellant (1) has given an insurance company bail bond in the sum of $50,000, has given a partially secured bond in the amount of $250,000, with the requirement of 10% down, or has deposited the sum of $25,000 as a cash bail alternative; (2) has arranged for electronic monitoring with a qualified entity pursuant to CPL 510.40(4)(c); (3) has surrendered all passports, if any, he may have to the Office of the District Attorney of Queens County, or, if he does not possess a passport, has provided to the Office of the District Attorney of Queens County an affidavit, in a form approved by the Office of the District Attorney of Queens County, in which he attests that he does not possess a passport, and shall not apply for any new or replacement passports; and (4) has provided to the Office of the District Attorney of Queens County an affidavit, in a form approved by the Office of the District Attorney of Queens County, in which he attests that if he leaves the jurisdiction he agrees to waive the right to oppose extradition from any foreign jurisdiction, the Warden of the facility at which appellant is incarcerated, or his or her agent, is directed to immediately release the appellant from incarceration; 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.

IANNACCI, J.P., MILLER, FORD and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court