In re Stojan S.

Appellate Division of the Supreme Court of New York

In re Stojan S.

132 A.D.2d 943, 518 N.Y.S.2d 271, 1987 N.Y. App. Div. LEXIS 49397

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

DecidedJuly 10, 1987

StatusPublished

This text of 132 A.D.2d 943 (In re Stojan S.) 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 Stojan S., 132 A.D.2d 943, 518 N.Y.S.2d 271, 1987 N.Y. App. Div. LEXIS 49397 (N.Y. Ct. App. 1987).

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Opinion

Order unanimously modified on the law by deleting the provision directing restitution in the sum of $219 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 adjudication that respondent committed an act which, if done by an adult, would constitute burglary in the second degree and petit larceny. The court erred, however, in delegating to the Probation Department the authority to fix the amount of restitution (Matter of Kim D., 120 AD2d 968). (Appeal from order of Erie County Family Court, Honan, J.— juvenile delinquency.) Present — Dillon, P. J., Boomer, Green, Balio and Lawton, JJ.

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Order unanimously modified on the law by deleting the provision directing restitution in the sum of $219 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 adjudication that respondent committed an act which, if done by an adult, would constitute burglary in the second degree and petit larceny. The court erred, however, in delegating to the Probation Department the authority to fix the amount of restitution (Matter of Kim D., 120 AD2d 968). (Appeal from order of Erie County Family Court, Honan, J.— juvenile delinquency.) Present — Dillon, P. J., Boomer, Green, Balio and Lawton, JJ.

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Bluebook (online)

132 A.D.2d 943, 518 N.Y.S.2d 271, 1987 N.Y. App. Div. LEXIS 49397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-stojan-s-nyappdiv-1987.

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