People v. Julye
| Decision Date | 03 July 1978 |
| Citation | 406 N.Y.S.2d 529,64 A.D.2d 614 |
| Parties | The PEOPLE, etc., Respondent, v. Dietra JULYE, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Matthew Muraskin, Mineola (Barbara M. Rosen, New York City, of counsel), for appellant.
Denis Dillon, Dist. Atty., Mineola (Anthony J. Girese, New York City, and Robert M. Nigro, Port Washington, of counsel), for respondent.
Before GULOTTA, J. P., and SHAPIRO, COHALAN and HAWKINS, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant, as limited by her motion, from a sentence of the County Court, Nassau County, imposed September 8, 1977, upon her conviction of grand larceny in the third degree, upon her plea of guilty, the sentence being an intermittent term of imprisonment of 60 days and probation for a period of four years and 10 months, on conditions, inter alia, that she make restitution in the amount of $8,584.86, "in such manner as shall be determined by the Nassau County Probation Department", and undergo psychiatric treatment.
Sentence modified, as a matter of discretion in the interest of justice, by (1) reducing it to a period of probation for five years on conditions that defendant make restitution and undergo psychiatric treatment and (2) deleting therefrom the provision that the Probation Department determine the manner of making restitution. This case is remitted to the County Court to fix the amount and manner of making restitution (see People v. Thigpen, 60 A.D.2d 860, 400 N.Y.S.2d 584), the remaining conditions of probation, and for further proceedings pursuant to CPL 460.50 (subd. 5).
Defendant has been employed as a nurse's aide since 1971. From September, 1971 to May, 1975, however, she received public assistance although she was gainfully employed.
Upon her plea of guilty to grand larceny in the third degree, defendant was sentenced to 60 days' imprisonment, to be served intermittently, on weekends, and probation for four years and 10 months. Defendant was directed to make restitution and to undergo psychiatric therapy. The sentence relating to restitution provided:
"(You are) to make restitution in the amount of $8,584.86 in such manner as shall be determined by the Nassau County Probation Department."
The defendant asserts that she will lose her position if she is jailed on weekends since she must work on alternate weekends. Noting that defendant will be making restitution and needs her position to support her children, we reduce the sentence to one of five...
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People v. Fuller
...held that the court's responsibility for performing these functions may not be delegated to the Probation Department (People v. Julye, 64 A.D.2d 614, 406 N.Y.S.2d 529; People v. Thigpen, 60 A.D.2d 860, 400 N.Y.S.2d 584). 6 In Thigpen, the court recognized that the amount and manner of resti......
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...consistent herewith (see People v Bauer, 229 A.D.2d 502; People v Bailey, 209 A.D.2d at 709; People v Jackson, 180 A.D.2d at 755; People v Julye, 64 A.D.2d 614). BARROS, J.P., MILLER, GENOVESI and VOUTSINAS, JJ., ...
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...229 A.D.2d 502, 502–503, 645 N.Y.S.2d 323 ; People v. Bentivegna, 145 A.D.2d 899, 899, 536 N.Y.S.2d 280 ; see also People v. Julye, 64 A.D.2d 614, 406 N.Y.S.2d 529 ; People v. Thigpen, 60 A.D.2d 860, 400 N.Y.S.2d 584 ; see generally People v. Tyrek M., 183 A.D.3d at 915–916, 122 N.Y.S.3d 54......
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...delegate that authority to the Probation Department. People v. Fuller, 57 N.Y.2d 152, 455 N.Y.S.2d 253, 441 N.E.2d 563; People v. Julye, 64 A.D.2d 614, 406 N.Y.S.2d 529; People v. Thigpen, 60 A.D.2d 860, 400 N.Y.S.2d 584; Penal Law section 65.10, subdivision 2 paragraph (g). The People cand......