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  5. 118 A.D.2d 705 (1986)
 

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,...

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