IN RE: ASHLEY FINZER (2016)

MEMORANDUM AND ORDER

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

Memorandum:  Respondent appeals from an order that, inter alia, granted the family offense petition and imposed a one-year period of probation and a two-year order of protection.  Contrary to respondent's contention, Family Court did not abuse its discretion by imposing a term of probation pursuant to Family Court Act § 841(c) (see generally Martin v. Flynn, 133 AD3d 1369, 1370).

Contrary to respondent's further contention, “[t]he record, viewed in its totality, establishes that [respondent] received meaningful representation” (Matter of Heffner v. Jaskowiak, 132 AD3d 1418, 1418;  see generally People v. Benevento, 91 N.Y.2d 708, 712).  Indeed, respondent's contention that he did not receive effective assistance of counsel “is impermissibly based on speculation, i.e., that favorable evidence could and should have been offered on his behalf” (Matter of Devonte M.T. [Leroy T.], 79 AD3d 1818, 1819).

Frances E. Cafarell

Clerk of the Court