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Matter of Brian

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1996
223 A.D.2d 643 (N.Y. App. Div. 1996)

Opinion

January 22, 1996

Appeal from the Family Court, Orange County (Ludmerer, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

Contrary to the appellant's contention, Family Court Act § 321.3 (1) does not specifically require that the appellant signify his agreement before the court may consent to the entry of an admission. In any event, it is clear from the context of the court's allocution that the appellant was fully advised of his constitutional and statutory rights and that he knowingly agreed to accept the plea agreement that was offered to him (see, Family Ct Act § 321.3; Boykin v Alabama, 395 U.S. 238). It is also clear from the allocution that the appellant's claim of self-defense was negated and that all of the elements of the crime of assault in the second degree were established (see, Penal Law § 120.05).

We have considered the appellant's remaining contentions and find them to be without merit. Copertino, J.P., Pizzuto, Santucci and Joy, JJ., concur.


Summaries of

Matter of Brian

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1996
223 A.D.2d 643 (N.Y. App. Div. 1996)
Case details for

Matter of Brian

Case Details

Full title:In the Matter of BRIAN K.J., a Person Alleged to be a Juvenile Delinquent…

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

Date published: Jan 22, 1996

Citations

223 A.D.2d 643 (N.Y. App. Div. 1996)
636 N.Y.S.2d 417

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