Opinion
Motion No 2024-02559 Ind. No. 71864/2022
04-12-2024
The People, etc., plaintiff, v. Israel Alba, defendant.
Unpublished Opinion
MOTION DECISION
M295703
DECISION & ORDER ON APPLICATION
BETSY BARROS, J.
Application by the defendant pursuant to CPL 530.45 to be released on his own recognizance or, in the alternative, to set bail after his conviction of assault in the third degree, following a nonjury trial, and pursuant to CPL 460.50 for a stay of execution of judgment. On March 26, 2024, the Supreme Court, Kings County, remanded the defendant pending the imposition of sentence.
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 460.50 is denied as premature (see CPL 460.50[1]); and it is further, ORDERED that the branch of the application which is pursuant to CPL 530.45 is granted, and the defendant's bail is set in the sum of $250,000 posted in the form of an insurance company bail bond, the sum of $250,000 posted in the form of a partially secured surety bond, with the requirement of 10% down, or the sum of $50,000 deposited as a cash bail alternative, on condition that, in addition to posting a bond or depositing the cash alternative set forth above, the defendant shall surrender any and all passports he may have to the Office of the District Attorney of Kings County, or, if he does not possess a passport, he shall provide to the Office of the District Attorney of Kings County an affidavit or affirmation, in a form approved by the Office of the District Attorney of Kings County, in which he attests that he does not possess a passport, and shall not apply for any new or replacement passports; and it is further, ORDERED that this order shall terminate and be of no further effect upon the imposition of sentence or upon the defendant's failure to appear for sentence; and it is further, ORDERED that in the event the defendant fails to appear for sentence, 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 upon receipt of a copy this decision and order on application together with proof that the defendant (1) has given an insurance company bail bond in the amount of $250,000 or a partially secured surety bond in the amount of $250,000, with the requirement of 10% down, or has deposited the sum of $50,000 as a cash bail alternative and (2) has surrendered any and all passports he may have to the Office of the District Attorney of Kings County, or, if he does not possess a passport, has provided to the Office of the District Attorney of Kings County an affidavit or affirmation, in a form approved by the Office of the District Attorney of Kings County, in which he attests that he does not possess a passport, and shall not apply for any new or replacement passports, the Warden of the facility at which the defendant is incarcerated, or his or her agent, is directed to immediately release the defendant; and it is further, ORDERED that counsel for the defendant shall serve a copy of this order, by mail, on the Clerk of the Supreme Court, Kings County.