In re Kenny U.

Appellate Division of the Supreme Court of New York

In re Kenny U.

297 A.D.2d 573, 747 N.Y.2d 166, 747 N.Y.S.2d 166, 2002 N.Y. App. Div. LEXIS 8755

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

DecidedSeptember 24, 2002

StatusPublished

Cited by2 cases

This text of 297 A.D.2d 573 (In re Kenny U.) 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 Kenny U., 297 A.D.2d 573, 747 N.Y.2d 166, 747 N.Y.S.2d 166, 2002 N.Y. App. Div. LEXIS 8755 (N.Y. Ct. App. 2002).

Pincite

Opinion

As the presentment agency concedes, the alleged waiver of appellant’s right to a timely fact-finding hearing pursuant to Family Court Act § 340.1 was not knowing and voluntary, where it was made on the assumption that the conditions of detention pending the hearing would continue as before. As soon as the court indicated its intention to change the conditions of detention to require placement in a secure facility, the law guardian indicated that appellant would not, in that case, waive his rights. Accordingly, appellant is entitled to dismissal of the petition (see Matter of Frank C., 70 NY2d 408). Concur— Williams, P.J., Tom, Rosenberger and Friedman, JJ.

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As the presentment agency concedes, the alleged waiver of appellant’s right to a timely fact-finding hearing pursuant to Family Court Act § 340.1 was not knowing and voluntary, where it was made on the assumption that the conditions of detention pending the hearing would continue as before. As soon as the court indicated its intention to change the conditions of detention to require placement in a secure facility, the law guardian indicated that appellant would not, in that case, waive his rights. Accordingly, appellant is entitled to dismissal of the petition (see Matter of Frank C., 70 NY2d 408). Concur— Williams, P.J., Tom, Rosenberger and Friedman, JJ.

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Bluebook (online)

297 A.D.2d 573, 747 N.Y.2d 166, 747 N.Y.S.2d 166, 2002 N.Y. App. Div. LEXIS 8755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kenny-u-nyappdiv-2002.

Opinion

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