In re Kevin B.

Appellate Division of the Supreme Court of New York

In re Kevin B.

277 A.D.2d 936, 715 N.Y.S.2d 358, 2000 N.Y. App. Div. LEXIS 11471

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

DecidedNovember 13, 2000

StatusPublished

This text of 277 A.D.2d 936 (In re Kevin 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 Kevin B., 277 A.D.2d 936, 715 N.Y.S.2d 358, 2000 N.Y. App. Div. LEXIS 11471 (N.Y. Ct. App. 2000).

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Opinion

—Order unanimously reversed on the law without costs and matter remitted to Ontario County Family Court for fur[937]*937ther proceedings on the petition. Memorandum: Based upon respondent’s admissions to several of the allegations of the petition, Family Court adjudicated respondent a person in need of supervision. The order must be reversed, however, and the matter remitted to Ontario County Family Court, because the court failed to advise respondent of his right to remain silent before accepting his admissions (see, Family Ct Act § 741 [a]; Matter of Patrick R., 216 AD2d 964; Matter of Kent H. [appeal No. 1], 162 AD2d 1058; Matter of Patricia Ann R., 154 AD2d 933). (Appeal from Order of Ontario County Family Court, Harvey, J. — Person In Need of Supervision.) Present — Pigott, Jr., P. J., Wisner, Kehoe and Balio, JJ.

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—Order unanimously reversed on the law without costs and matter remitted to Ontario County Family Court for fur[937]*937ther proceedings on the petition. Memorandum: Based upon respondent’s admissions to several of the allegations of the petition, Family Court adjudicated respondent a person in need of supervision. The order must be reversed, however, and the matter remitted to Ontario County Family Court, because the court failed to advise respondent of his right to remain silent before accepting his admissions (see, Family Ct Act § 741 [a]; Matter of Patrick R., 216 AD2d 964; Matter of Kent H. [appeal No. 1], 162 AD2d 1058; Matter of Patricia Ann R., 154 AD2d 933). (Appeal from Order of Ontario County Family Court, Harvey, J. — Person In Need of Supervision.) Present — Pigott, Jr., P. J., Wisner, Kehoe and Balio, JJ.

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Bluebook (online)

277 A.D.2d 936, 715 N.Y.S.2d 358, 2000 N.Y. App. Div. LEXIS 11471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kevin-b-nyappdiv-2000.

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