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Matter of Donald

Appellate Division of the Supreme Court of New York, Second Department
Jan 30, 1995
211 A.D.2d 791 (N.Y. App. Div. 1995)

Opinion

January 30, 1995

Appeal from the Family Court, Kings County (Hepner, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

Contrary to the appellant's contention, the evidence, the law, and the circumstances of this particular case, viewed in totality and as of the time of the representation, reveal that the appellant's counsel provided meaningful representation (see, People v. Baldi, 54 N.Y.2d 137; People v. Jackson, 52 N.Y.2d 1027; People v. Aiken, 45 N.Y.2d 394; cf., People v. Bell, 48 N.Y.2d 933; People v. Droz, 39 N.Y.2d 457).

Moreover, while the Family Court denied the request of the appellant's counsel for an adjournment at the commencement of the fact-finding hearing so that counsel could prepare, the appellant was not prejudiced as a result thereof. This conclusion is supported by counsel's effective cross-examination of the arresting officer, counsel's meaningful closing argument, and counsel's written motion.

The appellant's remaining contentions are either unpreserved for appellate review or without merit. Bracken, J.P., Rosenblatt, O'Brien and Altman, JJ., concur.


Summaries of

Matter of Donald

Appellate Division of the Supreme Court of New York, Second Department
Jan 30, 1995
211 A.D.2d 791 (N.Y. App. Div. 1995)
Case details for

Matter of Donald

Case Details

Full title:In the Matter of DONALD K., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 30, 1995

Citations

211 A.D.2d 791 (N.Y. App. Div. 1995)
621 N.Y.S.2d 905

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