Opinion
Motion No: 2011-09374 M127740 Ind. No.1124/08
10-21-2011
The People, etc., plaintiff, v. Barbara Sheehan, defendant.
, J.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated October 19, 2011, in the above-entitled case is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by the defendant pursuant to CPL 530.45 to be released on bail after her conviction of criminal possession of a weapon in the second degree, in the Supreme Court, Queens County, upon a jury verdict, on October 6, 2011. The Supreme Court, Queens County, remanded the defendant pending the imposition of sentence.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon hearing the attorneys for the respective parties, it is
ORDERED that the motion is granted, the defendant's bail is set by the giving of an insurance company bail bond in the amount of $1,000,000 or by depositing that sum as a cash bail alternative; and it is further,
ORDERED that in the event that the bail bond in the sum of $1,000,000 previously posted by the defendant on Queens County Indictment No. 1124/08 has not been exonerated, it shall continue and remain in effect; and it is further,
ORDERED that if, within 30 days after the imposition of sentence, the defendant has not taken an appeal to this Court from the judgment of conviction or sentence, the operation of this order shall terminate and be of no further effect and the defendant shall thereafter surrender herself to the Supreme Court, Queens County, so that execution of the sentence may take place; and it is further,
ORDERED that unless the appeal shall have been brought to argument or submitted to this Court within 120 days after the filing of the notice of appeal, or unless this Court shall have extended the operation of this order on motion, this order shall terminate and be of no further effect and the defendant shall thereafter surrender herself to the Supreme Court, Queens County, so that execution of the sentence may take place; and it is further,
ORDERED that upon the termination of this order as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the defendant to the sentencing court for execution of sentence; and it is further,
ORDERED that this order shall be effective retroactive to October 12, 2011; and it is further,
ORDERED that counsel for the defendant shall serve a copy of this order, by mail, on the Clerk of the court from which the appeal is taken.
JOHN M. LEVENTHAL
Associate Justice