| People v Desdunes, Wilhems |
| Motion No: 2023-01139 |
| Slip Opinion No: 2023 NY Slip Op 72363(U) |
| Decided on August 25, 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
M290723
AFA/
MARK C. DILLON, J.P.
PAUL WOOTEN
WILLIAM G. FORD
CARL J. LANDICINO, JJ.
|
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 to continue a stay of execution of said judgment, which was granted by decision and order on motion of this Court dated March 3, 2023, and amended by decision and order on motion of this Court dated March 8, 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 March 3, 2023, as amended by decision and order on motion of this Court dated March 8, 2023, is extended pending hearing and determination of the appeal on condition that the appeal is perfected by November 24, 2023, and upon the same bail conditions imposed by the decision and order on motion of this Court dated March 3, 2023, as amended by decision and order on motion of this Court dated March 8, 2023; and it is further,
ORDERED that this stay shall terminate and be of no further effect as of November 24, 2023, and the appellant shall thereafter surrender himself to the Supreme Court, Kings 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.
DILLON, J.P., WOOTEN, FORD and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court