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Matter of Julies R

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1998
250 A.D.2d 855 (N.Y. App. Div. 1998)

Opinion

May 26, 1998

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


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

Contrary to the appellant's contention, he was not deprived of the effective assistance of counsel. The evidence, viewed in totality, revealed that the appellant's attorney provided meaningful representation (see, People v. Flores, 84 N.Y.2d 184, 186).

The Family Court properly applied a preponderance of the evidence standard, rather than the standard of proof beyond a reasonable doubt, since probation revocation in juvenile delinquency proceedings is dispositional in nature and not part of the adjudicatory process (see, Family Ct Act § 350.3; § 360.3 Fam. Ct. Act; Matter of Amanda RR., 230 A.D.2d 451; Matter of Alpheaus M., 168 A.D.2d 208; Matter of Gregory M., 131 Misc.2d 942). This conclusion is supported by CPL 410.70 (3), which prescribes a preponderance of the evidence standard for adult probation violation proceedings.

The appellant's remaining contentions are either unpreserved for appellate review or without merit.

Bracken, J.P., Copertino, Joy and McGinity, JJ., concur.


Summaries of

Matter of Julies R

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1998
250 A.D.2d 855 (N.Y. App. Div. 1998)
Case details for

Matter of Julies R

Case Details

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

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

Date published: May 26, 1998

Citations

250 A.D.2d 855 (N.Y. App. Div. 1998)
673 N.Y.S.2d 710

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