In re Qili W.
Opinion of the Court
—In a juvenile delin
Ordered that the order of disposition is affirmed, without costs or disbursements.
Although the denial of the appellant’s application for a post-petition adjustment pursuant to Family Court Act § 320.6 (2) on the basis that the presentment agency did not consent to an adjustment, was erroneous, reversal of the order of disposition and dismissal of the petition are not required in the interest of justice, since the appellant was not entitled to a postpetition adjustment. The appellant failed to request such an adjustment at his initial Family Court appearance, and did not establish that the complainant consented to an adjustment (see Family Ct Act § 320.6 [2]).
The appellant’s contention that the Family Court improperly limited his counsel’s cross-examination of the presentment agency’s witnesses and the presentation of his defense, at both the suppression and fact-finding hearings, is, for the most part, unpreserved for appellate review (see Matter of Robert S., 52 NY2d 1046, 1048; Matter of Devanand S., 188 AD2d 533, 534). In any event, the appellant’s contention is without merit. The Family Court merely sustained objections to certain facially-improper questions propounded by the Law Guardian, and to questions which had been previously asked and answered, or for which no offer of proof had been made (see Matter of Tyrell A., 249 AD2d 467, 468; Matter of Devanand S., supra).
The appellant’s remaining contention is without merit. Ritter, J.P., Santucci, Goldstein and Mastro, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.