Narrative Opinion Summary
Order affirmed unanimously without costs. The court rejected claims that the respondent was denied a fair trial and due process due to Family Court's conduct. Although the court improperly considered evidence regarding the respondent's dismissal from a counseling program that was not presented during the hearing, this error was deemed harmless. Sufficient evidence existed to uphold the court's finding that the respondent violated probation terms by failing to report to his probation officer and not adhering to a court-imposed curfew. The case references Matter of Thomas RR, 112 AD2d 584, 585. The appeal originated from the Monroe County Family Court, presided over by Judge Bonadio. Justices Green, Fallon, Callahan, Doerr, and Davis were present.
Legal Issues Addressed
Fair Trial and Due Process in Family Courtsubscribe to see similar legal issues
Application: The court determined that the respondent was not denied a fair trial and due process despite claims to the contrary.
Reasoning: The court rejected claims that the respondent was denied a fair trial and due process due to Family Court's conduct.
Harmless Error Doctrinesubscribe to see similar legal issues
Application: The court's consideration of evidence not presented during the hearing was deemed an error but was considered harmless in light of sufficient supporting evidence.
Reasoning: Although the court improperly considered evidence regarding the respondent's dismissal from a counseling program that was not presented during the hearing, this error was deemed harmless.
Sufficiency of Evidence in Probation Violationsubscribe to see similar legal issues
Application: The court found that there was sufficient evidence to support the finding that the respondent violated probation terms.
Reasoning: Sufficient evidence existed to uphold the court's finding that the respondent violated probation terms by failing to report to his probation officer and not adhering to a court-imposed curfew.