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George N.B. v. Herkimer County Attorney

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 31, 2008

IN THE MATTER OF GEORGE N.B., RESPONDENT-APPELLANT.
v.
HERKIMER COUNTY ATTORNEY, PETITIONER-RESPONDENT.

Appeal from an order of the Family Court, Herkimer County (Henry A. LaRaia, J.), entered April 7, 2008 in a proceeding pursuant to Family Court Act article 3. The order, inter alia, adjudicated respondent to be a juvenile delinquent.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PINE, AND GORSKI, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum

Respondent appeals from an order adjudicating him to be a juvenile delinquent based on the finding that he committed an act that, if committed by an adult, would constitute the crime of criminal mischief in the fourth degree (Penal Law § 145.00 [3]). "Respondent failed to preserve for our review his contention that [Family Court] improperly acted as an advocate for [petitioner] by questioning a witness" (Matter of Aron B., 46 AD3d 1431, 1431; see People v Charleston, 56 NY2d 886, 887-888; Matter of Yadiel Roque C., 17 AD3d 1168, 1169), as well as his contention that the court erred in failing to order a probation investigation as required under Family Court Act § 351.1 (2) (see generally Matter of Michael A.M., 31 AD3d 1183; Matter of Phillip D., 27 AD3d 1126). We decline to review those contentions in the interest of justice (see generally Yadiel Roque C., 17 AD3d at 1169). Contrary to respondent's further contention, "[t]he record establishes that, viewed in the totality of the proceedings, [respondent] received meaningful representation by his Law Guardian" (Matter of Jeffrey V., 82 NY2d 121, 126; see Matter of Brian S.M., 309 AD2d 1224).

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