Reset A A Font size: Print

Supreme Court, Appellate Division, First Department, New York.

IN RE: MONET D., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.

Decided: October 13, 2005

ANDRIAS, J.P., FRIEDMAN, SULLIVAN, GONZALEZ, JJ. Steven Banks, The Legal Aid Society, New York (Susan Clement of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Scott Shorr of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 23, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed an act which, if committed by an adult, would constitute the crime of attempted assault in the third degree, and placed her on probation for a period of 1 year, unanimously affirmed, without costs.

The hearing testimony established the requisite degree of prior familiarity to permit introduction of identification evidence despite the absence of timely statutory notice (see Family Ct. Act § 330.2[2];  CPL 710.30[1][b] ).  The victim had been introduced to appellant, had engaged in conversations with appellant, and knew appellant by her distinctive first name (see People v. Rodriguez, 79 N.Y.2d 445, 583 N.Y.S.2d 814, 593 N.E.2d 268 [1992];  People v. Collins, 60 N.Y.2d 214, 219, 469 N.Y.S.2d 65, 456 N.E.2d 1188 [1983] ).   Appellant's remaining contentions are unpreserved and we decline to review them in the interest of justice.   Were we to review these claims, we would reject them.