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People v. Montalvo

Supreme Court of New York, Second Department
Nov 9, 2022
2022 N.Y. Slip Op. 74194 (N.Y. App. Div. 2022)

Opinion

Motion No. 2022-00994 Ind. No. 6955/2019

11-09-2022

The People, etc., respondent, v. Ernest Montalvo, appellant.


Unpublished Opinion

MOTION DECISION

M285897

AFA/

BETSY BARROS, J.P., REINALDO E. RIVERA, LARA J. GENOVESI, JANICE A. TAYLOR, JJ.

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered February 9, 2022. 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 8, 2022.

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 8, 2022, is extended pending hearing and determination of the appeal on condition that the appeal is perfected by February 9, 2023, and upon the same bail conditions imposed by the decision and order on motion of this Court dated March 8, 2022; and it is further, ORDERED that this stay shall terminate and be of no further effect as of February 9, 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.

BARROS, J.P., RIVERA, GENOVESI and TAYLOR, JJ., concur.


Summaries of

People v. Montalvo

Supreme Court of New York, Second Department
Nov 9, 2022
2022 N.Y. Slip Op. 74194 (N.Y. App. Div. 2022)
Case details for

People v. Montalvo

Case Details

Full title:The People, etc., respondent, v. Ernest Montalvo, appellant.

Court:Supreme Court of New York, Second Department

Date published: Nov 9, 2022

Citations

2022 N.Y. Slip Op. 74194 (N.Y. App. Div. 2022)