Opinion
12-06-2016
In re CHRIS R., A Person Alleged to be Juvenile Delinquent, Appellant. Presentment Agency.
George E. Reed, Jr., White Plains, for appellant. Zachary W. Carter, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for presentment agency.
George E. Reed, Jr., White Plains, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for presentment agency.
Orders of disposition, Family Court, New York County (Adetokunbo O. Fasanya, J.), entered on or about August 27, 2015, which adjudicated appellant a juvenile delinquent upon his admission that he committed acts that, if committed by an adult, would constitute the crimes of burglary in the third degree and criminal trespass in the third degree, and placed him with the Close to Home program for a period of 12 months, unanimously affirmed, without costs.
Although they are reviewable as questions of law (see Matter of Aaron B., 74 A.D.3d 534, 535, 902 N.Y.S.2d 344 [1st Dept.2010] ), appellant's challenges to his admission do not warrant reversal. The admission was made knowingly, intelligently and voluntarily. The court adequately explained the rights being waived as well as the possible dispositional alternatives, and appellant's mother's allocution sufficiently incorporated appellant's allocution by reference (see Matter of Sean B., 99 A.D.3d 433, 951 N.Y.S.2d 394 [1st Dept.2012] ). We find no conflict of interest on the mother's part that would warrant vacatur of the admission. The court was under no obligation to ask appellant why he no longer wanted a fact-finding hearing.
Appellant's challenge to his placement is moot because the period of placement has expired (see Matter of Omari W., 104 A.D.3d 460, 961 N.Y.S.2d 380 [1st Dept.2013] ).
RICHTER, J.P., MANZANET–DANIELS, FEINMAN, KAPNICK, GESMER, JJ., concur.