MATTER OF B.


118 A.D.2d 705 (1986)

In the Matter of Dwayne B., a Person Alleged to be a Juvenile Delinquent, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 17, 1986


Order of disposition affirmed, without costs or disbursements.

While the Family Court should not have considered the appellant's failure to call an eyewitness who was not in the appellant's control (see, People v Rodriguez, 38 N.Y.2d 95, 98), inasmuch as the appellant testified on his own behalf, any inference that the Family Court may have made was a nonconstitutional error (see, People v Rodriguez, supra, at p 99). Under the facts of this case, we find no reason to disturb the Family Court's findings with respect to credibility (see, People v Carter, 63 N.Y.2d 530, 539; Matter of Dennis N., 110 A.D.2d 703; People v Gruttola, 43 N.Y.2d 116, 122) and since the evidence of appellant's culpability was overwhelming, any error was harmless (see, People v Crimmins, 36 N.Y.2d 230, 241-242).


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