PEOPLE v. DE BERRY


117 A.D.2d 1006 (1986)

The People of the State of New York, Respondent, v. Patricia De Berry, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 21, 1986


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...

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