Opinion
October 3, 1994
Appeal from the Family Court, Queens County (Sparrow, 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 plea is vacated, and the matter is remitted to the Family Court, Queens County, for further proceedings.
The petitioner pleaded guilty to the allegation that he was a person in need of supervision, and consented to be remanded to a diagnostic facility for purposes of determining the appropriate dispositional alternative. However, the court's failure to advise the appellant of his right to remain silent violated the express mandate of Family Court Act § 741 (a) and requires vacatur of the plea (see, Matter of Anthony SS., 197 A.D.2d 767; Matter of Guy II. [Thomas II.], 192 A.D.2d 770; Matter of Erik N., 185 A.D.2d 433; Matter of David B., 167 A.D.2d 885; Matter of Augustina F., 156 A.D.2d 1030; Matter of Justin M., 79 A.D.2d 1028). In light of our determination with respect of the foregoing, we need not reach the appellant's remaining contentions. Rosenblatt, J.P., Miller, Ritter and Hart, JJ., concur.