In re David J.

Appellate Division of the Supreme Court of New York

In re David J.

56 A.D.2d 947, 392 N.Y.S.2d 712, 1977 N.Y. App. Div. LEXIS 11357

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

DecidedMarch 3, 1977

StatusPublished

This text of 56 A.D.2d 947 (In re David J.) 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 David J., 56 A.D.2d 947, 392 N.Y.S.2d 712, 1977 N.Y. App. Div. LEXIS 11357 (N.Y. Ct. App. 1977).

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Opinion

Appeal from an order of the Family Court of Tompkins County, entered September 20, 1976, which adjudicated the appellant a juvenile delinquent. Appellant properly contends that he was not adequately advised of his rights prior to the taking of his alleged written confession. The record sustains appellant’s contention that he was not advised that if he desired counsel and was unable to retain one, that counsel would be assigned to him. We note further that subsequent to the filing of the appeal herein, an order was entered on January 11, 1977 in the Family Court of Tompkins County adjudging that the allegations of the petition herein have not been established and further ordering the dismissal of the petition herein on the merits. Order reversed, on the law, and petition dismissed, without costs. Greenblott, J. P., Sweeney, Main, Larkin and Herlihy, JJ., concur.

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Appeal from an order of the Family Court of Tompkins County, entered September 20, 1976, which adjudicated the appellant a juvenile delinquent. Appellant properly contends that he was not adequately advised of his rights prior to the taking of his alleged written confession. The record sustains appellant’s contention that he was not advised that if he desired counsel and was unable to retain one, that counsel would be assigned to him. We note further that subsequent to the filing of the appeal herein, an order was entered on January 11, 1977 in the Family Court of Tompkins County adjudging that the allegations of the petition herein have not been established and further ordering the dismissal of the petition herein on the merits. Order reversed, on the law, and petition dismissed, without costs. Greenblott, J. P., Sweeney, Main, Larkin and Herlihy, JJ., concur.

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Bluebook (online)

56 A.D.2d 947, 392 N.Y.S.2d 712, 1977 N.Y. App. Div. LEXIS 11357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-david-j-nyappdiv-1977.