In re Edwin P.

OPINION OF THE COURT

Elrich A. Eastman, J.

Respondent moves pursuant to Penal Law § 450.10 (10) to *695preclude property improperly released or alternatively dismissal of the petition or dismissal of count five of the petition, criminal mischief (Penal Law § 145.00 [1]).

Respondent contends that the “notice” of intent to release property prior to the filing of the petition was defective in that respondent had not received counsel prior to the "notice” thereby depriving him of his constitutional right to counsel, his right to confrontation, his right to due process and his right to equal protection;…