| People v Castillo, Jose |
| Motion No: 2024-05280 |
| Slip Opinion No: 2024 NY Slip Op 71257(U) |
| Decided on July 18, 2024 |
| 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
M297656
E/afa
PAUL WOOTEN, J.
|
2024-05280 The People, etc., plaintiff, D v Jose Castillo, defendant. (Ind. No. 72318/2023)
| ECISION & ORDER ON APPLICATION |
Application by the defendant pursuant to CPL 530.45 to be released on his own recognizance or, in the alternative, to set reasonable bail, upon his conviction of rape in the third degree, endangering the welfare of a child, and sexual abuse in the third degree, upon a jury verdict, on June 14, 2024, and pursuant to CPL 460.50 for a stay of execution of a purported judgment. The Supreme Court, Queens County, remanded the defendant pending the imposition of sentence, scheduled for July 19, 2024.
Upon the papers filed in support of the application and the papers filed in opposition thereto, and upon hearing the attorneys for the respective parties, it is
ORDERED that the branch of the application which is pursuant to CPL 530.45 is denied; and it is further,
ORDERED that the branch of the application which is pursuant to CPL 460.50 is dismissed as premature without prejudice (see CPL 460.50[1]).
PAUL WOOTEN