IN THE MATTER OF VICTORIA D.


54 A.D.3d 617 (2008)

864 N.Y.S.2d 13

In the Matter of VICTORIA D., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

September 23, 2008.


The court properly denied appellant's motion to vacate the fact-finding determination on the ground that her attorney deprived her of the right to effective assistance of counsel. The record establishes that counsel consulted with appellant and her mother at the conclusion of the presentment agency's case, and advised appellant not to testify. Thereafter, without any protest by appellant or her mother, appellant's counsel informed the court that "[a]fter speaking to my client...

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