In re Kim D.

Appellate Division of the Supreme Court of New York

In re Kim D.

120 A.D.2d 968, 502 N.Y.S.2d 863, 1986 N.Y. App. Div. LEXIS 57071

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

DecidedMay 23, 1986

StatusPublished

Cited by1 cases

This text of 120 A.D.2d 968 (In re Kim D.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Kim D., 120 A.D.2d 968, 502 N.Y.S.2d 863, 1986 N.Y. App. Div. LEXIS 57071 (N.Y. Ct. App. 1986).

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Opinion

— Order unanimously modified, on the law, by deleting the last ordering paragraph and otherwise order affirmed, without costs, and matter remitted to Erie County Family Court to set the amount of restitution. Memorandum: The evidence was sufficient to support the court’s adjudication that respondent committed an act which, if done by an adult, would constitute third degree robbery. The court erred, however, in delegating to the Probation Department the authority to fix the amount of restitution (see, Family Ct Act § 353.6 [1] [a]; People v Fuller, 57 NY2d 152; People v De Berry, 117 AD2d 1006). (Appeal from order of Erie County Family Court, Sedita, J. — juvenile delinquency.) Present — Callahan, J. P., Doerr, Denman, Boomer and Green, JJ.

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— Order unanimously modified, on the law, by deleting the last ordering paragraph and otherwise order affirmed, without costs, and matter remitted to Erie County Family Court to set the amount of restitution. Memorandum: The evidence was sufficient to support the court’s adjudication that respondent committed an act which, if done by an adult, would constitute third degree robbery. The court erred, however, in delegating to the Probation Department the authority to fix the amount of restitution (see, Family Ct Act § 353.6 [1] [a]; People v Fuller, 57 NY2d 152; People v De Berry, 117 AD2d 1006). (Appeal from order of Erie County Family Court, Sedita, J. — juvenile delinquency.) Present — Callahan, J. P., Doerr, Denman, Boomer and Green, JJ.

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Bluebook (online)

120 A.D.2d 968, 502 N.Y.S.2d 863, 1986 N.Y. App. Div. LEXIS 57071, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kim-d-nyappdiv-1986.

Opinion

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