Opinion
Motion No. 2024-02277 Ind. No. 70558/2023
04-12-2024
The People, etc., respondent, v. Jaymin Patel, appellant.
Unpublished Opinion
MOTION DECISION
M295790
DECISION & ORDER ON MOTION
VALERIE BRATHWAITE NELSON, Associate Justice
Appeal from a judgment of the Supreme Court, Queens County, rendered March 20, 2024. Motion by the appellant pursuant to CPL 460.50 for a stay of execution of said judgment, and to be released on his own recognizance or, in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon hearing the attorneys for the respective parties, it is
ORDERED that the motion is granted and execution of the judgment is stayed by the giving of an insurance company bail bond in the amount of $50,000, or a partially secured surety bond in the amount of $50,000 with a 10% deposit, or by depositing the sum of $50,000 as a cash bail alternative, on condition that, in addition to posting a bond or depositing the cash alternative set forth above, the appellant shall (1) wear an electronic monitoring bracelet, with monitoring services to be provided by a qualified entity pursuant to CPL 510.40(4)(c), and any violations of the conditions set forth herein relating to the electronic monitoring shall be reported by the electronic monitoring service provider to the Office of the District Attorney of Queens County, and further proceedings pursuant to CPL 510.40(4)(d), if any, shall be conducted in the Supreme Court, Queens County; (2) remain within and shall not travel beyond the geographical limits of the State of New York; (3) surrender all passports, if any, he may have to the Office of the District Attorney of Queens County, or, if he does not possess a passport, he shall provide to the Office of the District Attorney of Queens County an affidavit in a form approved by the Office of the District Attorney of Queens County, in which he attests that he does not possess a passport, and shall not apply for any new or replacement passports; (4) provide to the Office of the District Attorney of Queens County an affidavit in a form approved by the Office of the District Attorney of Queens County, in which he attests that if he leaves the jurisdiction he agrees to waive the right to oppose extradition from any foreign jurisdiction; and (5) comply with any and all orders of protection issued by the Supreme Court, Queens County, in the above-entitled matter; and it is further, ORDERED that this stay shall terminate and be of no further effect 120 days from the date hereof and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal shall have been brought to argument or submitted to this Court, or unless this Court shall have extended this order; and it is further, ORDERED that upon the termination of this stay as provided above, this order 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 of this decision and order on motion, the respondent is directed to return the appellant to the Supreme Court, Queens County, for service upon him of a full stay-away order of protection in favor of the complainant and the complainant's children and against the appellant and to be advised by the court that violation of that full stay-away order of protection shall result in his re-arrest and detention; and it is further, ORDERED that upon receipt of a copy of this decision and order on motion together with proof that: (1) the appellant has given an insurance company bail bond in the amount of $50,000, or a partially secured surety bond in the amount of $50,000 with a 10% deposit, or has deposited the sum of $50,000 as a cash bail alternative; (2) the appellant has arranged for electronic monitoring with a qualified entity pursuant to CPL 510.40(4)(c); (3) the appellant has surrendered any and all passports in his possession to the Office of the District Attorney of Queens County, or, if he does not possess a passport, has provided to the Office of the District Attorney of Queens County an affidavit in a form approved by the Office of the District Attorney of Queens County, in which he attests that he does not possess a passport, and shall not apply for any new or replacement passports; (4) the appellant has executed a waiver of extradition; and (5) the Supreme Court, Queens County has served upon the appellant a full stay-away order of protection in favor of the complainant and the complainant's children and against the appellant, 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 regular mail, on the Clerk of the court from which the appeal is taken.