PEOPLE v. APPEL


141 A.D.2d 374 (1988)

The People of the State of New York, Respondent, v. Lawrence Appel, Appellant. The People of the State of New York, Respondent, v. Brian Sullivan, Appellant

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

June 16, 1988


To the extent that the sentences imposed a mandatory donation to a women's shelter, they were illegal. True, as argued by the People, Penal Law § 65.10 (2) (g) provides that, as a condition of probation, a defendant may be required to "[m]ake restitution of the fruits of his offense or make reparation, in an amount he can afford to pay, for the loss or damage caused thereby." However, this mandated payment to a women's shelter, which was not itself the victim of the...

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