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MATTER OF ROBERT U.

283 A.D.2d 689 (2001)

724 N.Y.S.2d 527

In the Matter of ROBERT U. and Another, Children Alleged to be Abused. BROOME COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; FREDERICK V., Appellant. (And Another Related Proceeding.)

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

Decided May 3, 2001.

Mugglin, J.

On this appeal, respondent asserts that his due process rights were infringed by his exclusion from the courtroom during the testimony of the two children that he allegedly sexually abused and that because of the sudden resignation—due to ill health—of his first counsel at the end of the fact-finding hearing, he was denied the effective assistance of counsel. Specifically, the record reveals that...

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