In re Troy L.

Appellate Division of the Supreme Court of New York

In re Troy L.

53 A.D.2d 615, 384 N.Y.S.2d 22, 1976 N.Y. App. Div. LEXIS 13301

Appellate Division of the Supreme Court of the State of New York·Decided June 1, 1976·Published·Cited by 3 cases

Opinion

Appeal from an order of the Family Court, Kings County, dated February 17, 1976, which, after a fact-finding determination made by the Family Court, Nassau County, dated November 21, 1975, that appellant is a juvenile delinquent, placed him on probation for a one-year period. Order reversed, without costs or disbursements, and proceeding remanded to the Family Court, Kings County, for a new fact-finding hearing and determination. At the fact-finding hearing, the appellant appeared with his mother and Law Guardian, but was not advised of his right to remain silent or of the consequences of waiving that right; nor was he questioned by the Family Court to ascertain whether he himself admitted the allegations of the petition (see Family Ct Act, § 741; Matter of Theodore F., 47 AD2d 945; Matter of Joseph G., 52 AD2d 924). Accordingly, these omissions mandate a new hearing before the Family Court. Hopkins, Acting P. J., Margett, Damiani, Titone and Hawkins, JJ., concur.

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Appeal from an order of the Family Court, Kings County, dated February 17, 1976, which, after a fact-finding determination made by the Family Court, Nassau County, dated November 21, 1975, that appellant is a juvenile delinquent, placed him on probation for a one-year period. Order reversed, without costs or disbursements, and proceeding remanded to the Family Court, Kings County, for a new fact-finding hearing and determination. At the fact-finding hearing, the appellant appeared with his mother and Law Guardian, but was not advised of his right to remain silent or of the consequences of waiving that right; nor was he questioned by the Family Court to ascertain whether he himself admitted the allegations of the petition (see Family Ct Act, § 741; Matter of Theodore F., 47 AD2d 945; Matter of Joseph G., 52 AD2d 924). Accordingly, these omissions mandate a new hearing before the Family Court. Hopkins, Acting P. J., Margett, Damiani, Titone and Hawkins, JJ., concur.

In re Troy L., 53 A.D.2d 615, 384 N.Y.S.2d 22, 1976 N.Y. App. Div. LEXIS 13301 (N.Y. Ct. App. 1976).

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Opinion

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