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People v. Decker

Appellate Division of the Supreme Court of the State of New York
Dec 21, 2020
2020 N.Y. Slip Op. 76622 (N.Y. App. Div. 2020)

Opinion

Motion No: 112140

12-21-2020

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID J. DECKER, Appellant.


DECISION AND ORDER ON MOTION

Application, pursuant to CPL 460.50, for order staying execution of judgment of County Court, Warren County, rendered September 9, 2020, pending appeal, for modification of the order of this Court, entered March 20, 2020, granting defendant's application pursuant to CPL 530.45, and for further relief.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the application for an order staying execution of judgment pending appeal is referred to Justice Lynch, who makes the following determination: Application granted, and release on recognizance is continued pending determination of the appeal. It is further

ORDERED that defendant shall inform this Court within 24 hours in the event he is charged with violating any provision of the Penal Law and/or Vehicle and Traffic Law, and it is further

ORDERED that defendant shall remain within the State of New York at all times during the pendency of his appeal, and it is further

ORDERED that defendant shall not consume alcoholic beverages during the pendency of his appeal, and it is further

ORDERED that defendant shall telephonically contact the Warren County Department of Probation on a daily basis during the pendency of his appeal, and it is further

ORDERED that the application for modification of the order of this Court, entered March 20, 2020, granting defendant's application pursuant to CPL 530.45 is referred to Justice Lynch, who makes the following determination: Application denied. It is further

ORDERED that the application for further relief is granted to the extent that Exhibits D and E to the affirmation in support of the instant applications are marked confidential and sealed.

Lynch, J.P., Clark, Aarons and Reynolds Fitzgerald, concur.

ENTER:

Robert D. Mayberger

Clerk of the Court


Summaries of

People v. Decker

Appellate Division of the Supreme Court of the State of New York
Dec 21, 2020
2020 N.Y. Slip Op. 76622 (N.Y. App. Div. 2020)
Case details for

People v. Decker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID J. DECKER…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Dec 21, 2020

Citations

2020 N.Y. Slip Op. 76622 (N.Y. App. Div. 2020)