| Matter of Stewart v Lassiter |
| 2013 NY Slip Op 00925 [103 AD3d 734] |
| February 13, 2013 |
| Appellate Division, Second Department |
| In the Matter of DeJuana Stewart,Respondent, v Marvin Lassiter, Appellant. |
—[*1] Robert Previto, Huntington Station, N.Y., for respondent.
In a family offense proceeding pursuant to Family Court Act article 8, MarvinLassiter appeals from an order of protection of the Family Court, Suffolk County (Burke,Ct. Atty. Ref.), dated February 23, 2012, which, after a hearing, and upon a finding thathe had committed a family offense, directed him, inter alia, to stay away from DeJuanaStewart until and including February 23, 2014.
Ordered that the order of protection is affirmed, without costs or disbursements.
Although the Family Court failed to specify the particular family offense underFamily Court Act § 812 (1) that the appellant committed, remittal is not necessarybecause the record is sufficient for this Court to conduct an independent review of theevidence (see Matter ofBaginski v Rostkowski, 96 AD3d 1051 [2012]; see also Matter of Drury vDrury, 90 AD3d 754, 754 [2011]; Matter of Abbott v Burnes, 27 AD3d 555 [2006]). Theevidence adduced at the hearing established, by a preponderance of the evidence, that theappellant engaged in acts which would constitute the offense of attempted assault in thethird degree, warranting the issuance of an order of protection (see Family Ct Act§§ 812 [1]; 832; Penal Law §§ 110.00, 120.00).
The appellant failed to establish that he was denied the effective assistance ofcounsel (see Matter of MelissaK. v Brian K., 72 AD3d 1129 [2010]).
The appellant's remaining contentions are without merit. Mastro, J.P., Skelos,Leventhal and Chambers, JJ., concur.