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