People v. Farkas

Full title: The People, etc., respondent, v. Isidore Farkas, appellant.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Sep 27, 2011

2011 N.Y. Slip Op. 85050 (N.Y. App. Div. 2011)

Opinion

Motion No: 2011-07277 Ind. No. 9106/06 M126410

09-27-2011

The People, etc., respondent, v. Isidore Farkas, appellant.

JOHN M. LEVENTHAL

, J.

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to amend a decision and order on motion of this Court dated August 18, 2011, which granted the appellant's motion pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Kings County, rendered August 10, 2011, and directed that the appellant be released from incarceration upon certain conditions, to allow the appellant to attend religious services on Rosh Hashana, Yom Kippur, Succos, and Simchas Torah.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the decision and order on motion of this Court dated August 18, 2011, is amended by adding to the provision thereof which imposed a condition that the appellant remain confined to house arrest and wear an electronic monitoring bracelet, with monitoring services to be provided by Secure Alert and paid for by the appellant, the following:

"the appellant shall be allowed to attend religious services on the following dates and times:
Rosh Hashana: September 28, 2011 - 7:00 PM to 9:30 PM
September 29, 2011 - 8:00 AM to 5:00 PM 7:00 PM to 9:30 PM
September 30, 2011 - 8:00 AM to 5:00 PM 7:00 PM to 9:30 PM
October 1, 2011 - 9:00 AM to 12:30 PM 7:00 PM to 9:00 PM
Yom Kippur: October 7, 2011 - 6:00 PM to 10:30 PM
October 8, 2011 - 8:00 AM to 8:30 PM
Succos: October 12, 2011 - 6:45 PM to 8:30 PM
October 13, 2011 - 9:30 AM to 1:30 PM 6:45 PM to 8:30 PM
October 14, 2011 - 9:30 AM to 1:30 PM 6:45 PM to 8:30 PM
October 15, 2011 - 9:30 AM to 1:00 PM 6:45 PM to 8:30 PM
Simchas Torah: October 19, 2011 - 7:30 AM to 11:00 AM 6:30 PM to 11:00 PM
October 20, 2011 - 9:30 AM to 1:30 PM 6:30 PM to 11:00 PM
October 21, 2011 - 8:45 AM to 4:30 PM 6:30 PM to 8:30 PM
October 22, 2011 - 9:30 AM to 12:30 PM 6:00 PM to 8:00 PM;

on condition that the appellant informs the District Attorney of Kings County and Secure Alert of the exact route he intends to follow to and from the site of the above-referenced religious services".

JOHN M. LEVENTHAL

Associate Justice