Appellate Division: Second Judicial Department

M290367

AFA/

COLLEEN D. DUFFY, J.P.

VALERIE BRATHWAITE NELSON

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2023-01795 The People, etc., respondent, v Max Serrano, appellant. (Ind. No. 70164/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered February 7, 2023. Motion by the appellant to continue a stay of execution of said judgment which was granted by decision and order on motion of this Court dated February 28, 2023.

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

ORDERED that the motion is granted and the stay of execution of the judgment granted by the decision and order on motion of this Court dated February 28, 2023, is extended pending hearing and determination of the appeal on condition that the appeal is perfected by October 31, 2023, and upon the same bail conditions imposed by the decision and order on motion of this Court dated February 28, 2023; and it is further,

ORDERED that this stay shall terminate and be of no further effect as of October 31, 2023, and the appellant shall thereafter surrender himself to the County Court, Suffolk County, to serve the sentence imposed, unless the appeal 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 appellant to the sentencing court to begin the execution of sentence; 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.

DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court