Legal Opinion

People v. Berry

Appellate Division of the Supreme Court of the State of New York

Decided February 21, 1986PublishedCited by 9 opinions

1Opinion of the Court

—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,…

2Cases cited3 opinions

  1. People v. FullerNew York Court of Appeals · 1982
  2. People v. NeffAppellate Division of the Supreme Court of the State of New York · 1985
  3. People v. ShaoulAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by9 opinions

  1. People v. QuinonesNew York Court of Appeals · 2000
  2. People v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 1996
  3. People v. CabreraAppellate Division of the Supreme Court of the State of New York · 1997
  4. People v. BeaudoinAppellate Division of the Supreme Court of the State of New York · 1993
  5. People v. BurksAppellate Division of the Supreme Court of the State of New York · 1993

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