Filed Date: 3/20/2000
Status: Precedential
Modified Date: 11/1/2024
—In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeals are from (1) a fact-finding order of the Family Court, Richmond County (McElrath, J.), dated October 2, 1998, made after a hearing, finding that the appellant committed acts which, if committed by an adult, would have constituted
Ordered that the appeal from the fact-finding order is dismissed, without costs or disbursements; and it is further,
Ordered that the order of disposition is affirmed, without costs or disbursements.
The appeal from the fact-finding order must be dismissed as no appeal lies from such an order as of right and leave to appeal has not been granted (see, Family Ct Act § 1112 [a]). The issues raised on the appeal from the fact-finding order are brought up for review and have been considered on the appeal from the order of disposition (see, Family Ct Act § 1118; CPLR 5501 [a] [1]; Matter of Aho, 39 NY2d 241, 248).
The Family Court properly held that the victim had an independent source for her in-court identification of the appellant (see, People v Quinitchett, 210 AD2d 438; People v Buchanon, 186 AD2d 864; People v Rodriguez, 137 AD2d 847).
The appellant was not deprived of the effective assistance of counsel (see, People v Benevento, 91 NY2d 708). Bracken, J. P., Ritter, Altman and McGinity, JJ., concur.