| People v Desdunes, Wilhems |
| Motion No: 2023-01139 |
| Slip Opinion No: 2023 NY Slip Op 62870(U) |
| Decided on March 3, 2023 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M287712
AFA/
PAUL WOOTEN, J.
|
2023-01139 The People, etc., respondent, v Wilhems Desdunes, appellant. (Ind. No. 71186/2021)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Kings County, rendered January 3, 2023. 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 relation thereto, it is
ORDERED that the motion is granted, execution of the judgment is stayed, and the appellant is released on his own recognizance with supervised release, on condition that the appellant shall report to the New York City Department of Probation within 24 hours of his release from incarceration and shall otherwise comply with the same conditions of supervised release as he was subject to prior to his incarceration; 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 period of incarceration 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, or upon the failure of the appellant to comply with the above condition, or upon the violation of any condition of his probation, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court to begin the execution of the period of incarceration; and it is further,
ORDERED that upon receipt of a copy of this decision and order on motion the Warden of the facility at which the defendant is incarcerated, or his or her agent, is directed to immediately release the defendant; 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.
PAUL WOOTEN
Associate Justice