Appellate Division: Second Judicial Department

M307134

AFA/

VALERIE BRATHWAITE NELSON, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

CARL J. LANDICINO, JJ.

2024-02277 The People, etc., respondent, v Jaymin Patel, appellant. (Ind. No. 70558/2023)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered March 20, 2024. Motion by the appellant to continue a stay of execution of the judgment which was granted by decision and order on motion of this Court dated May 3, 2024. Separate motion by the appellant, in effect, for a declaration that the appeal is perfected, or, in the alternative, for waiver of costs, fees, and expenses and to be provided with the transcripts of the trial proceedings.

Upon the papers filed in support of the motion to continue the stay of execution of the judgment and the papers filed in relation thereto, and upon the papers filed in support of the motion, in effect, for a declaration that the appeal is perfected, or, in the alternative, for waiver of costs, fees, and expenses and to be provided with the transcripts of the trial proceedings, and the papers filed in opposition thereto, it is

ORDERED that the motion to continue the stay of execution of the judgment is granted, and the stay of execution of the judgment granted by the decision and order on motion of this Court dated May 3, 2024, is extended pending hearing and determination of the appeal on condition that the appeal is perfected by November 10, 2025, and upon the same bail conditions imposed by the decision and order on motion of this Court dated May 3, 2024; and it is further,

ORDERED that the stay shall terminate and be of no further effect as of November 10, 2025, and the appellant shall thereafter surrender himself to the Supreme Court, Queens County, to serve the sentence imposed, unless the appeal is perfected by that date, or unless this Court extends this order; and it is further,

ORDERED that upon the termination of the 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; and it is further,

ORDERED that the branch of the motion which is for a declaration that the appeal is perfected is denied; and it is further,

ORDERED that the branch of the motion which is for waiver of costs, fees, and expenses, and to be provided with the transcripts of the trial proceedings, is denied with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, including any financial support from the appellant's family, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

BRATHWAITE NELSON, J.P., MILLER, DOWLING and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court