Opinion
Motion No: 2011-07277 Ind. No. 9106/06 M124728
08-18-2011
The People, etc., respondent, v. Isidore Farkas, appellant.
, J.
DECISION & ORDER ON MOTION
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Kings County, rendered August 10, 2011, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion, and upon hearing the attorneys for the parties, it is
ORDERED that the motion is granted, execution of the judgment is stayed, and bail is set by the giving of an insurance company bail bond in the amount of $2,500,000, upon the following conditions:
1. the appellant shall remain confined to house arrest and shall wear an electronic monitoring bracelet, with monitoring services to be provided by Secure Alert and paid for by the appellant;
2. any violations shall be reported by Secure Alert to the Office of the District Attorney of Kings County, and the appellant shall be detained until such time as the alleged violation can be adjudicated before the Supreme Court, Kings County;
3. the appellant shall surrender any and all passports to the Office of the District Attorney of Kings County and is prohibited from applying for any new or replacement passports;
4. the appellant shall perfect the appeal within 60 days of the date of this decision and order on motion; and it is further,
ORDERED that this stay shall terminate and be of no further effect 60 days from the date hereof and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal has been brought to argument or submitted to this Court; and it is further,
ORDERED that upon the termination of this stay as provided above, this decision and order on motion shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court to execute sentence; and it is further,
ORDERED that upon receipt of a copy this decision and order on motion together with (1) proof that the appellant has given an insurance company bail bond in the amount of $2,500,000, (2) proof that the appellant has surrendered his passport, if any, to the Office of the District Attorney, Kings County, and (3) proof that the appellant has arranged for electronic monitoring by Secure Alert, the Warden of the facility at which the appellant is incarcerated, or his or her agent, is directed to immediately release the appellant; and it is further,
ORDERED that counsel for the appellant shall serve a copy of this decision and order on motion, by mail, on the Clerk of the Court from which the appeal is taken.
JOHN M. LEVENTHAL
Associate Justice