Opinion
May 5, 1997
Appeal from the Family Court, Orange County (Slobod, J.).
Ordered that the order of disposition is reversed, on the law and as a matter of discretion in the interest of justice, without costs or disbursements, the fact-finding order is vacated, and the petition is dismissed.
The appellant correctly argues, and the County Attorney properly concedes, that the dispositional order must be reversed because of legal deficiencies in the allocution which resulted in the appellant's admission that he had committed acts which, if committed by an adult, would have constituted the crime of attempted robbery in the third degree. The Family Court failed to apprise the appellant of the consequences of waiving his rights, including all possible dispositional alternatives ( see, Family Ct Act § 321.3; Matter of Anthony D., 205 A.D.2d 533; Matter of Shawn D., 179 A.D.2d 755). Moreover, because the appellant's placement period has terminated, no benefit will be gained from remitting the matter to Family Court for a new fact-finding determination ( see, Matter of Anthony D., supra).
Miller, J.P., Thompson, Joy and Luciano, JJ., concur.