Appellate Division: Second Judicial Department

M311415

ID/

ANGELA G. IANNACCI, J.P.

WILLIAM G. FORD

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2022-02623 The People, etc., respondent, v John Jacaruso, appellant. (Ind. No. 1937/2018)

DECISION & ORDER ON MOTION

Appeal, by permission, from an order of the Supreme Court, Queens County, dated March 16, 2022. Motion by the appellant to modify certain bail conditions imposed by decision and order on motion of this Court dated July 20, 2022. Motion by retained counsel for leave to withdraw as counsel and for waiver of costs, fees, and expenses and for the assignment of counsel. Motion by the respondent to dismiss the appeal on the ground that the appellant has abandoned the appeal.

Upon the papers filed in support of the motions by the appellant and the respondent and the papers filed in opposition thereto, and upon the papers filed in support of the motion by retained counsel and the papers filed in relation thereto, it is

ORDERED that the motion by the appellant is granted to the extent that the decision and order on motion of this Court dated July 20, 2022, is amended by deleting from the first decretal thereof the words beginning with "remain confined to" and ending with the words "conducting those visits," and substituting therefor the words "remain confined to his residence, except for visits to his attorney, his doctors, his place of worship, or court, and must travel directly from his home to his attorney, his doctors, his place of worship, or court, and directly back to his home, when conducting those visits," and the motion by the appellant is otherwise denied; and it is further,

ORDERED that the motion by the retained counsel 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, (2) whether the appellant was represented by assigned counsel or retained counsel in the trial court and, if retained, the amount and source of counsel fees paid to retained counsel, and (3) 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; and it is further,

ORDERED that the motion by the respondent is denied.

IANNACCI, J.P., FORD, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court