Opinion
2021-76588 Motion 2019-09807
12-29-2021
The People, etc., respondent, v. Sebastian Telfair, appellant. Ind. No. 4576/2017
Unpublished Opinion
MOTION DECISION
M280774
E/sl
DECISION & ORDER ON MOTION
BETSY BARROS, Associate Justice
Appeal from a judgment of the Supreme Court, Kings County, rendered August 12, 2019, which was determined by decision and order of this Court dated October 6, 2021. Motion by the appellant pursuant to CPL 460.20, for a certificate granting leave to appeal to the Court of Appeals from the decision and order of this Court dated October 6, 2021, and pursuant to CPL 460.60 for a stay of execution of said judgment 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 the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further, ORDERED that leave to appeal to the Court of Appeals from the decision and order of this Court dated October 6, 2021, in the above-entitled case is granted; in my opinion, a question of law has arisen, which ought to be reviewed by the Court of Appeals; and it is further, ORDERED that execution of the judgment is stayed by the giving of an insurance company bail bond in the amount of $500,000, by the giving of a partially secured bond in the amount of $2,500,000, with the requirement of 10% down, or by depositing the sum of $250,000 as a cash bail alternative, upon the conditions that: (1) the appellant surrender any and all passports in his possession to the Office of the District Attorney of Kings County, and if he does not possess a passport, has provided to the Office of the District Attorney of Kings County an affidavit, in a form approved by the Office of the District Attorney of Kings County, in which he attests that he does not possess a passport, and shall not apply for any new or replacement passports, (2) the appellant shall remain within and shall not travel beyond the geographical limits of the City of New York, (3) the appellant shall provide to the Office of the District Attorney of Kings County, in a form approved by the District Attorney, an affidavit stating that if the appellant leaves the jurisdiction he agrees to waive his right to oppose extradition from any foreign jurisdiction, and (4) the appellant shall be confined to his home, from 7:00 p.m. to 7:00 a.m., daily, and 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 Kings County, and further proceedings pursuant to CPL 510.40(4)(d), if any, shall be conducted by the Supreme Court, Kings County; 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 the Court of Appeals, or unless the Court of Appeals 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 begin the execution of sentence; and it is further, ORDERED that upon receipt of a copy of this decision and order on motion together with proof that the appellant (1) has given an insurance company bail bond in the amount of $500,000, has given a partially secured bond in the amount of $2,500,000, with the requirement of 10% down, or has deposited the sum of $250,000 as a cash bail alternative, (2) has surrendered all passports, if any, he may have to the Office of the District Attorney of Kings County, or, if he does not possess a passport, has provided to the Office of the District Attorney of Kings County an affidavit, in a form approved by the Office of the District Attorney of Kings County, in which he attests that he does not possess a passport, and shall not apply for any new or replacement passports; and (3) has provided to the Office of the District Attorney of Kings County an affidavit, in a form approved by the Office of the District Attorney of Kings County, in which he attests that if he leaves the jurisdiction he agrees to waive the right to oppose extradition from any foreign jurisdiction, 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.