People v. Derham

OPINION OF THE COURT

Eli Wager, J.

The defendant brings this proceeding by order to show cause (Wager, J., Jan. 2, 1991) for an order pursuant to CPL 460.50 staying or suspending execution of a judgment of conviction pending the determination of an appeal to the Appellate Term of this court. The motion presents novel questions apparently of first impression.

The defendant was prosecuted in the Justice Court of the Incorporated Village of Bellerose on an information (1134A/ 90) charging five counts of violation of certain village ordi*709nonces relating to construction, occupancy and use of a…