[DOWNLOAD] "People State New York v. Patricia De Berry" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Patricia De Berry
- Author : Supreme Court of New York
- Release Date : January 21, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
[117 A.D.2d 1006 Page 1006] Judgment unanimously modified, on the law, by deleting from the sentence imposed the provision requiring defendant as a condition of probation to make restitution in the amount determined by the Probation Department, and, as modified, affirmed and matter remitted to Erie County Court for resentencing, in accordance with the following memorandum: The People concede that the court erred in ordering defendant, as a condition of her probation, to make full restitution in the amount determined by Probation. Penal Law § 65.10 (2) (g) provides that when restitution is a condition of a sentence, the court shall fix the amount thereof. The sentencing court may not delegate this power to the Probation Department (People v Fuller, 57 N.Y.2d 152; see also, People v Shaoul, 96 A.D.2d 892).