In re Michael DD.
Cases that cite this one
13 later published cases cite this decision.
- Matter of Lucas Y. (Appellate Division of the Supreme Court of New York 2024)
- TZ EX REL. CG v. City of New York (District Court, E.D. New York 2009)
- Matter of Alexander CC. (Appellate Division of the Supreme Court of New York 2021)
- People v. Bautista (Appellate Division of the Supreme Court of New York 2017)
- Matter of Daniel TT. (Appellate Division of the Supreme Court of New York 2016)
- In re Ramsey H. (Appellate Division of the Supreme Court of New York 2012)
- In re Ramsey H. (Appellate Division of the Supreme Court of New York 2012)
- Hurlburt v. Behr (Appellate Division of the Supreme Court of New York 2010)
- Shangraw v. Shangraw (Appellate Division of the Supreme Court of New York 2009)
- In re Shourik D. (Appellate Division of the Supreme Court of New York 2009)
- In re Brittenie K. (Appellate Division of the Supreme Court of New York 2008)
- In re Brandon S.M. (Appellate Division of the Supreme Court of New York 2007)
- Kilmartin v. Kilmartin (Appellate Division of the Supreme Court of New York 2007)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from an order of the Family Court of Ulster County (Mizel, J.), entered December 21, 2005, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 3, to adjudicate respondent a juvenile delinquent.
Following a fact-finding hearing, Family Court concluded that the evidence established beyond a reasonable doubt that respondent had engaged in conduct which, if committed by an adult, would constitute the felony of sexual abuse in the first degree. At the conclusion of a dispositional hearing, Family Court adjudicated respondent a juvenile delinquent and placed him on probation for a period of one year. Respondent appeals.
We affirm. Respondent’s principal contention is that the evi
Next, we reject the contention that respondent’s right to a speedy dispositional hearing was violated because the hearing was not commenced within 50 days of the order of the fact-finding hearing (see Family Ct Act § 350.1 [2]). The record reveals that the dispositional hearing was originally scheduled within the 50-day window but was adjourned on four separate occasions and not held until December 13, 2005. With respect to all but one of those adjournments, the Law Guardian acquiesced in the adjournment and expressly waived respondent’s right to a speedy disposition, representing to Family Court that he had consulted with respondent, who was in agreement. The other adjournment was made by Family Court pursuant to its authority under Family Ct Act § 350.1 (3) (a). Accordingly, we find no merit to respondent’s present claim that his right to a speedy dispositional hearing was violated (see generally Matter of Jose R., 83 NY2d 388 [1994]).
As a final matter, we reject respondent’s contention that he received ineffective assistance of counsel. The record, as a whole, reflects that respondent received meaningful representation throughout the proceeding. Although respondent’s Law Guardian advised Family Court that respondent would be testifying, the decision not to call him as a defense witness was obviously based on a legitimate trial strategy—the perceived weakness in the prosecution’s proof. Likewise, the Law Guardian was not ineffective for failing to cross-examine the two witnesses called to corroborate the victim’s testimony because their testimony
Cardona, EJ., Spain, Lahtinen and Kane, JJ., concur. Ordered that the order is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.