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Matter of CRYSTAL A., Respondent-Appellant. Niagara County Attorney, Petitioner-Respondent.
Respondent was adjudicated, upon consent, a person in need of supervision and was placed on probation with the terms and conditions that she attend school, and that she abstain from alcohol and drug use and from associating with her abusive boyfriend. It is undisputed that respondent failed to comply with any of those terms and conditions, and thus Family Court properly placed respondent with an authorized agency pursuant to Family Ct. Act § 756. Respondent contends that, before she entered her partial admission to the petition, the court should have advised her of the possible dispositions that it could impose. We reject that contention. Respondent was sufficiently advised of her right to remain silent under section 741(a) of the Family Ct. Act, and thus her partial admission to the petition is valid (see Matter of Tabitha LL., 87 N.Y.2d 1009, 1010-1011, 643 N.Y.S.2d 466, 666 N.E.2d 171). Respondent failed to object when a witness read into the record letters written by the witness to respondent's probation officer and thus failed to preserve for our review her contention that the court erred in admitting that testimony. In any event, “hearsay evidence is admissible at a dispositional hearing as long as it is material and relevant” (Matter of George A., 257 A.D.2d 620, 620-621, 683 N.Y.S.2d 869). Respondent's remaining contentions also are raised for the first time on appeal and thus are not preserved for our review (see Ciesinski v. Town of Aurora, 202 A.D.2d 984, 985, 609 N.Y.S.2d 745).
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
MEMORANDUM:
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Decided: October 01, 2004
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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