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Matter of Anthony

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1994
205 A.D.2d 533 (N.Y. App. Div. 1994)

Opinion

June 6, 1994

Appeal from the Family Court, Kings County (Pearce, 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 correctly conceded by the Corporation Counsel, 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 criminal possession of stolen property in the fifth degree, was legally deficient because 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 Shawn D., 179 A.D.2d 755; Matter of Corey L., 133 A.D.2d 153). Reversal is, therefore, mandated. Moreover, since the appellant's placement period has terminated, we see no benefit to be gained from a remittitur for a new fact-finding determination (see, Matter of Corey L., 140 A.D.2d 609). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.


Summaries of

Matter of Anthony

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1994
205 A.D.2d 533 (N.Y. App. Div. 1994)
Case details for

Matter of Anthony

Case Details

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

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

Date published: Jun 6, 1994

Citations

205 A.D.2d 533 (N.Y. App. Div. 1994)
614 N.Y.S.2d 279

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