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Matter of Wayne

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 1988
141 A.D.2d 823 (N.Y. App. Div. 1988)

Opinion

June 27, 1988

Appeal from the Family Court, Queens County (Cozier, 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.

As the Corporation Counsel concedes, the guilty plea allocution conducted at the fact-finding hearing on which the challenged order was based was inadequate inasmuch as the Family Court failed to comprehensively apprise the appellant of the various constitutional and statutory rights waived by the admission of guilt (see, People v Gina M.M., 40 N.Y.2d 595; Matter of Corey L., 140 A.D.2d 609; Matter of Kenny A., 125 A.D.2d 464). Reversal is therefore mandated.

Moreover, since the appellant's placement period has terminated, we see no benefit to be gained by remittitur for a new fact-finding determination. Accordingly, the petition is dismissed (see, Matter of Patrick R., 131 A.D.2d 678, 679; Matter of Rodney R., 119 A.D.2d 677, 678; Matter of Yolanda C., 118 A.D.2d 778). Thompson, J.P., Spatt, Sullivan and Harwood, JJ., concur.


Summaries of

Matter of Wayne

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 1988
141 A.D.2d 823 (N.Y. App. Div. 1988)
Case details for

Matter of Wayne

Case Details

Full title:In the Matter of WAYNE D., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 27, 1988

Citations

141 A.D.2d 823 (N.Y. App. Div. 1988)

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