In re Rayshawn R.

Appellate Division of the Supreme Court of New York

In re Rayshawn R.

161 A.D.2d 1205, 558 N.Y.S.2d 870, 1990 N.Y. App. Div. LEXIS 9255

Appellate Division of the Supreme Court of the State of New York·Decided May 11, 1990·Published·Cited by 3 cases

Opinion

Order unanimously reversed on the law and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memo[1206]*1206randum: Respondent appeals from an order adjudicating him to be a person in of supervision. Since the court failed to advise respondent of his right to remain silent as required by Family Court Act § 741 (a), the adjudication must be vacated (see, Matter of Augustina F., 156 AD2d 1030; Matter of Patricia Ann R., 154 AD2d 933; Matter of Mark S., 144 AD2d 1010). (Appeal from order of Erie County Family Court, Sedita, J.— PINS.) Present-—Callahan, J. P., Denman, Pine, Balio and Lawton, JJ.

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Order unanimously reversed on the law and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memo[1206]*1206randum: Respondent appeals from an order adjudicating him to be a person in of supervision. Since the court failed to advise respondent of his right to remain silent as required by Family Court Act § 741 (a), the adjudication must be vacated (see, Matter of Augustina F., 156 AD2d 1030; Matter of Patricia Ann R., 154 AD2d 933; Matter of Mark S., 144 AD2d 1010). (Appeal from order of Erie County Family Court, Sedita, J.— PINS.) Present-—Callahan, J. P., Denman, Pine, Balio and Lawton, JJ.

In re Rayshawn R., 161 A.D.2d 1205, 558 N.Y.S.2d 870, 1990 N.Y. App. Div. LEXIS 9255 (N.Y. Ct. App. 1990).

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161 A.D.2d 1205 (In re Rayshawn R.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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