IN RE: JULIES R. (Anonymous)

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

IN RE: JULIES R. (Anonymous), Appellant.

Decided: May 26, 1998

Before BRACKEN, J.P., and COPERTINO, JOY and McGINITY, JJ. Scott T. Horn, New York City, for appellant. Michael D. Hess, Corporation Counsel, New York City (Francis F. Caputo and George Gutwirth, of counsel), for respondent.

In a juvenile delinquency proceeding pursuant to Family Court article 3, the appeal is from an amended order of disposition of the Family Court, Kings County (Hepner, J.), dated November 18, 1996, revoking a disposition of probation previously imposed by the same court, dated March 20, 1996, upon a finding that the appellant had violated a condition thereof, after a hearing, and placing him with the Division of Youth for a period of 12 months, upon a fact-finding order of the same court, dated February 1, 1996, made upon his admission, finding that he had committed acts, which, if committed by an adult, would have constituted the crime of attempted petit larceny.

ORDERED that the amended order of disposition is affirmed, without costs or disbursements.

 Contrary to the appellant's contention, he was not deprived of the effective assistance of counsel.   The evidence, viewed in totality, revealed that the appellant's attorney provided meaningful representation (see, People v. Flores, 84 N.Y.2d 184, 186, 615 N.Y.S.2d 662, 639 N.E.2d 19).

 The Family Court properly applied a preponderance of the evidence standard, rather than the standard of proof beyond a reasonable doubt, since probation revocation in juvenile delinquency proceedings is dispositional in nature and not part of the adjudicatory process (see, Family Ct.Act § 350.3 [2];  § 360.3;  Matter of Amanda RR, 230 A.D.2d 451, 659 N.Y.S.2d 912;  Matter of Alpheaus M., 168 A.D.2d 208, 562 N.Y.S.2d 93;  Matter of Gregory M., 131 Misc.2d 942, 502 N.Y.S.2d 570).   This conclusion is supported by CPL 410.70(3), which prescribes a preponderance of the evidence standard for adult probation violation proceedings.

The appellant's remaining contentions are either unpreserved for appellate review or without merit.


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