In re Aaron B.

Appellate Division of the Supreme Court of New York

In re Aaron B.

74 A.D.3d 534, 902 N.Y.S.2d 344

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 10, 2010

StatusPublished

Cited by3 cases

This text of 74 A.D.3d 534 (In re Aaron B.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Aaron B., 74 A.D.3d 534, 902 N.Y.S.2d 344 (N.Y. Ct. App. 2010).

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Opinion

Order of disposition, Family Court, Bronx County (Clark V. Richardson, J.), entered on or about February 7, 2007, which adjudicated appellant a juvenile delinquent upon his admission in Westchester County Family Court (Colleen Duffy, J.) (transferred to Bronx County), that he committed an act that, if committed by an adult, would constitute the crime of grand larceny in the fourth degree, and placed him in the custody of the Office of Children and Family Services for a period of 18 months, unanimously reversed, on the law, without costs, and the matter remanded to Family Court, Bronx County for a new fact-finding hearing.

Appellant is entitled to vacatur of his admission because the [535]*535court failed to comply with the allocution requirements of Family Court Act § 321.3 (1). The allocution was inadequate because the court did not advise appellant that he had the rights to testify, call witnesses in his own behalf, and confront witnesses against him, or of the presentment agency’s obligation to prove his guilt beyond a reasonable doubt (see Matter of David T., 59 AD3d 631 [2009]). Since this requirement is nonwaivable (see Family Ct Act § 321.3 [1]), preservation is not required (see Matter of Tyler D., 64 AD3d 1243 [2009]). Concur—Tom, J.P., Andrias, Catterson, Moskowitz and Acosta, JJ.

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Order of disposition, Family Court, Bronx County (Clark V. Richardson, J.), entered on or about February 7, 2007, which adjudicated appellant a juvenile delinquent upon his admission in Westchester County Family Court (Colleen Duffy, J.) (transferred to Bronx County), that he committed an act that, if committed by an adult, would constitute the crime of grand larceny in the fourth degree, and placed him in the custody of the Office of Children and Family Services for a period of 18 months, unanimously reversed, on the law, without costs, and the matter remanded to Family Court, Bronx County for a new fact-finding hearing.

Appellant is entitled to vacatur of his admission because the [535]*535court failed to comply with the allocution requirements of Family Court Act § 321.3 (1). The allocution was inadequate because the court did not advise appellant that he had the rights to testify, call witnesses in his own behalf, and confront witnesses against him, or of the presentment agency’s obligation to prove his guilt beyond a reasonable doubt (see Matter of David T., 59 AD3d 631 [2009]). Since this requirement is nonwaivable (see Family Ct Act § 321.3 [1]), preservation is not required (see Matter of Tyler D., 64 AD3d 1243 [2009]). Concur—Tom, J.P., Andrias, Catterson, Moskowitz and Acosta, JJ.

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Bluebook (online)

74 A.D.3d 534, 902 N.Y.S.2d 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-aaron-b-nyappdiv-2010.

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