In re Joseph R.

Appellate Division of the Supreme Court of New York

In re Joseph R.

145 A.D.2d 992, 538 N.Y.S.2d 705, 1988 N.Y. App. Div. LEXIS 14162

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

DecidedDecember 23, 1988

DocketAppeal No. 1

StatusPublished

This text of 145 A.D.2d 992 (In re Joseph R.) 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 Joseph R., 145 A.D.2d 992, 538 N.Y.S.2d 705, 1988 N.Y. App. Div. LEXIS 14162 (N.Y. Ct. App. 1988).

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Opinion

— Order unanimously reversed on the law without costs and petition dismissed. Memorandum: Before respondent admitted the allegations in the petition, the court did not advise respondent of his right to remain silent, nor did it ascertain that respondent was voluntarily waiving his right to a fact-finding hearing (see, Family Ct Act §§ 741, 321.3 [1]; Matter of Tomika M., 136 AD2d 951). (Appeal from order of Erie County Family Court, Notaro, J.— person in need of supervision.) Present — Doerr, J. P., Boomer, Green, Balio and Davis, JJ.

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— Order unanimously reversed on the law without costs and petition dismissed. Memorandum: Before respondent admitted the allegations in the petition, the court did not advise respondent of his right to remain silent, nor did it ascertain that respondent was voluntarily waiving his right to a fact-finding hearing (see, Family Ct Act §§ 741, 321.3 [1]; Matter of Tomika M., 136 AD2d 951). (Appeal from order of Erie County Family Court, Notaro, J.— person in need of supervision.) Present — Doerr, J. P., Boomer, Green, Balio and Davis, JJ.

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Bluebook (online)

145 A.D.2d 992, 538 N.Y.S.2d 705, 1988 N.Y. App. Div. LEXIS 14162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-joseph-r-nyappdiv-1988.

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