In re Robert W.

Appellate Division of the Supreme Court of New York

In re Robert W.

109 A.D.2d 623, 486 N.Y.S.2d 1000, 1985 N.Y. App. Div. LEXIS 47109

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

DecidedMarch 7, 1985

StatusPublished

Cited by1 cases

This text of 109 A.D.2d 623 (In re Robert W.) 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 Robert W., 109 A.D.2d 623, 486 N.Y.S.2d 1000, 1985 N.Y. App. Div. LEXIS 47109 (N.Y. Ct. App. 1985).

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Opinion

— Order of the Family Court, Bronx County (Nason, J.), entered on January 11, 1984, which, after a determination that appellant had committed acts which, if committed by an adult, would constitute a crime, adjudicated appellant a juvenile delinquent and placed him with the New York State Division for Youth, title III, is reversed, on the law, without costs or disbursements, and the matter remitted to the Family Court, Bronx County, for further proceedings.

As the Corporation Counsel candidly concedes, the appellant was denied his right to effective assistance of counsel by the failure of the Law Guardian to participate in the fact-finding hearing (see, Matter of Milton D., 72 AD2d 812). Thus, he must be accorded a new hearing with the proper assistance of counsel. Concur — Sandler, J. P., Asch, Bloom and Milonas, JJ.

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— Order of the Family Court, Bronx County (Nason, J.), entered on January 11, 1984, which, after a determination that appellant had committed acts which, if committed by an adult, would constitute a crime, adjudicated appellant a juvenile delinquent and placed him with the New York State Division for Youth, title III, is reversed, on the law, without costs or disbursements, and the matter remitted to the Family Court, Bronx County, for further proceedings.

As the Corporation Counsel candidly concedes, the appellant was denied his right to effective assistance of counsel by the failure of the Law Guardian to participate in the fact-finding hearing (see, Matter of Milton D., 72 AD2d 812). Thus, he must be accorded a new hearing with the proper assistance of counsel. Concur — Sandler, J. P., Asch, Bloom and Milonas, JJ.

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Bluebook (online)

109 A.D.2d 623, 486 N.Y.S.2d 1000, 1985 N.Y. App. Div. LEXIS 47109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-robert-w-nyappdiv-1985.

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