The People of the State of New York v. Luis Coitino, Defendant. (2026)

Defendant, pro se, filed a motion with this Court seeking an order, pursuant to CPL 460.50 for a stay of judgment pending appeal to an intermediate appellate court. Because this Court lacks the authority to grant such applications, Defendant's motion is DENIED without prejudice to an application in the proper court.¹

Procedural History

On October 23, 2024, Defendant was arraigned in White Plains City Court on the charge of Criminal Mischief in the Fourth Degree (Penal Law 145.00[3]).

On July 21, 2025, Defendant pled guilty to the reduced charge of Disorderly Conduct (Penal Law 240.20[7]) in full satisfaction of the accusatory instrument, with the understanding that his sentence would include restitution, the amount of which would be set after a hearing. On December 4, 2025 and January 20, 2026, a restitution hearing was conducted. Defendant was sentenced in White Plains City Court on February 3, 2026, and ordered to pay $3,481.53 to the victim for the damage caused to her motorcycle.

Defendant filed a notice of appeal with White Plains City Court on February 4, 2026. It was also filed with the Appellate Term for the Ninth and Tenth Judicial Districts. The People received a copy on February 9, 2025.

Conclusions of Law

CPL 460.50 governs applications to stay or suspend the execution of a judgment pending the determination of an appeal in an intermediate appellate court. As relevant here, "with respect to appeals to appellate terms of the supreme court from judgments or sentences of any criminal courts located outside of New York City, the judges who may issue such orders in any particular situation are determined by rules of the appellate division of the department embracing the appellate court to which the appeal has been taken." CPL 460.50(2)(d).

White Plains City Court is situated in the Ninth Judicial District, which is within the jurisdiction of the Appellate Division, Second Department. The Appellate Division, Second Department created the Appellate Term in and for the Ninth and Tenth Judicial Districts, and specified that such Term has jurisdiction over appeals from city courts within the Ninth and Tenth Judicial Districts. See 22 NYCRR section 730.1. The rules of the Appellate Term for the Ninth and Tenth Judicial Districts specify that:

[u]pon application of a defendant, pursuant to CPL 460.50, for an order staying or suspending the execution of the judgment pending the determination of an appeal taken to the Appellate Term, such order may be issued by a justice of the Appellate Term for the Ninth and Tenth Judicial Districts or a justice of the Supreme Court of the judicial district embracing the county in which the judgment was entered.

22 NYCRR 731.13.

Since the Appellate Term for the Ninth and Tenth Judicial Districts has jurisdiction over Defendant's appeal of his judgment of conviction in White Plains City Court, his application for an order staying or suspending the execution of the judgment pending the determination of his appeal can only be granted by a "justice of the Appellate Term for the Ninth and Tenth Judicial Districts or a justice of the Supreme Court" in the Ninth Judicial District. White Plains City Court is not authorized to grant the application. Accordingly, Defendant's application is denied for lack of jurisdiction, without prejudice to Defendant filing his application in a proper court, as defined in 22 NYCRR 731.13.

THIS DECISION CONSTITUTES THE ORDER OF THE COURT

Dated: March 30, 2026

White Plains, NY

ORDERED:

HON. MARY JO L. BLANCHARD

CITY COURT JUDGE

FOOTNOTES

1.   In rendering this decision, the Court reviewed the following: Defendant's Notice of Appeal, dated February 4, 2026; Defendant's Notice of Motion, and accompanying affirmation of Luis Coitino, dated February 24, 026; ADA Brian Pouliot's Affirmation in Opposition, and accompanying Memorandum of Law, dated March 11, 2026; Defendant's Reply Affirmation, dated March 18, 2026; and the Court File.

Mary Jo L. Blanchard, J.