§ 1808 — Effect of stay order on appeal from judgment of conviction of an offense under this chapter

New York § 1808

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 9: Penalties and Disposition of Fines and Forfeitures

Text

§ 1808. Effect of stay order on appeal from judgment of conviction of\nan offense under this chapter. (a) When an appeal is taken to an\nintermediate appellate court from a conviction of an offense under this\nchapter resulting in the suspension or revocation of the defendant's\nmotor vehicle operator's license, and a stay of execution is granted\nordering reinstatement of such license during the pendency and until the\ndetermination of such appeal, service of a certified copy of such stay\norder by mail upon the commissioner of motor vehicles shall be binding\nupon the commissioner; and during a period of ninety days from the date\nsuch stay order was granted, or until such appeal is determined, if\nsooner than ninety days, such commissioner shall be stayed from taking\nany proceedings under the vehicle and traffic law to suspend or revoke\nsuch license on account of such conviction; and such order shall contain\nappropriate provisions to that effect.\n (b) For good cause shown, such stay may be extended by the court, in\nits discretion, for additional periods not to exceed ninety days each;\nsuch extension order or orders, when served upon the commissioner of\nmotor vehicles in the same manner as the original stay order, shall be\nbinding upon him to the same extent as the original stay order for such\nadditional period or periods.\n (c) A stay order or orders issued pursuant to section 460.50 of the\ncriminal procedure law which purport to reinstate a license during the\npendency of an appeal from a conviction resulting in the suspension or\nrevocation of a license shall, for the purposes of such reinstatement,\nbe deemed to be issued in accordance with the provisions of this section\nand the ninety day stay period authorized by this section shall apply.\n