In re Theodore F.

47 A.D.2d 945, 367 N.Y.S.2d 103, 1975 N.Y. App. Div. LEXIS 9417

Opinion

Appeal from an order of the Family Court, Queens County, dated December 10, 1974, which, after a fact-finding determination, dated February 8, 1973, adjudged that appellant is a person in need of supervision and ordered him placed in a Division for Youth, Title 3, Facility. Order and fact-finding determination reversed, on the law and the facts, without costs, and proceeding remanded to the Family Court for proceedings de nova. At the fact-finding hearing appellant was not advised of his right to remain silent; he was not advised of the consequences of a waiver of that right; and he was not questioned by the court to ascertain whether he himself admitted the allegations of the petition (Family Ct. Act, § 741; Matter of B., 44 AD2d 567). For the purposes of the new proceedings, we note that the order of December 10, .1974 was. not supported by a preponderance of the evidence at the dispositional hearing (Family Ct. Act, § 745, subd [b]). Rabin, Acting P. j., Hopkins, Martuscello, Christ and Brennan, JJ., concur.