Legal Opinion

In re Dwayne F.

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

Decided October 11, 2011PublishedCited by 1 opinion

1Opinion of the Court

The court properly ordered appellant to pay restitution even though his allocution and admission did not include an agreement to pay restitution. Restitution is not a specific dispositional order, but is rather a condition that accompanies a specific disposition (see Family Ct Act § 353.6). In this case, the court imposed restitution as a condition of probation.

The court’s calculation of the amount of restitution was supported by the record. This included a sworn statement by the victim that appellant’s acts had rendered her cell phone incapable of normal operation, and that she had paid…

2Cases cited1 opinion

  1. In re Nathan N.Appellate Division of the Supreme Court of the State of New York · 1977

3Cited by1 opinion

  1. In re Michael V.Appellate Division of the Supreme Court of the State of New York · 2012

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