In re Brandon M.

Appellate Division of the Supreme Court of New York

In re Brandon M.

299 A.D.2d 966, 750 N.Y.S.2d 548, 2002 N.Y. App. Div. LEXIS 11058

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

DecidedNovember 15, 2002

StatusPublished

Cited by4 cases

This text of 299 A.D.2d 966 (In re Brandon M.) 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 Brandon M., 299 A.D.2d 966, 750 N.Y.S.2d 548, 2002 N.Y. App. Div. LEXIS 11058 (N.Y. Ct. App. 2002).

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Opinion

Appeal from an order of Family Court, Erie County (McLeod, J.), entered April 30, 2002, in a proceeding pursuant to Family Ct Act article 3 to adjudicate respondent a juvenile delinquent.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the fact-finding predicated on respondent’s admission is vacated and the matter is remitted to Family Court, Erie County, for further proceedings on the petition.

Memorandum: On appeal from an order of disposition plac[967]*967ing respondent on probation for a period of 12 months, respondent contends that his admission to the allegations of the petition seeking to adjudicate him a juvenile delinquent was fatally defective because Family Court failed to comply with the nonwaivable provisions of Family Ct Act § 321.3 (1), in particular by failing to conduct an adequate allocution of respondent and his mother. We agree with respondent (see Matter of Brian H. [appeal No. 2], 239 AD2d 925; Matter of Daniel H., 236 AD2d 874; Matter of Delmar C., 207 AD2d 998). We therefore reverse the order of disposition, vacate the fact-finding predicated on respondent’s admission, and remit the matter to Family Court, Erie County, for further proceedings on the petition. Present— Pigott, Jr., P.J., Pine, Wisner, Kehoe and Gorski, JJ.

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Appeal from an order of Family Court, Erie County (McLeod, J.), entered April 30, 2002, in a proceeding pursuant to Family Ct Act article 3 to adjudicate respondent a juvenile delinquent.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the fact-finding predicated on respondent’s admission is vacated and the matter is remitted to Family Court, Erie County, for further proceedings on the petition.

Memorandum: On appeal from an order of disposition plac[967]*967ing respondent on probation for a period of 12 months, respondent contends that his admission to the allegations of the petition seeking to adjudicate him a juvenile delinquent was fatally defective because Family Court failed to comply with the nonwaivable provisions of Family Ct Act § 321.3 (1), in particular by failing to conduct an adequate allocution of respondent and his mother. We agree with respondent (see Matter of Brian H. [appeal No. 2], 239 AD2d 925; Matter of Daniel H., 236 AD2d 874; Matter of Delmar C., 207 AD2d 998). We therefore reverse the order of disposition, vacate the fact-finding predicated on respondent’s admission, and remit the matter to Family Court, Erie County, for further proceedings on the petition. Present— Pigott, Jr., P.J., Pine, Wisner, Kehoe and Gorski, JJ.

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Bluebook (online)

299 A.D.2d 966, 750 N.Y.S.2d 548, 2002 N.Y. App. Div. LEXIS 11058, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-brandon-m-nyappdiv-2002.

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