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Matter of Corey

Appellate Division of the Supreme Court of New York, Second Department
Aug 17, 1987
133 A.D.2d 153 (N.Y. App. Div. 1987)

Opinion

August 17, 1987

Appeal from the Family Court, Queens County (Gage, 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 matter is remitted to the Family Court, Nassau County, for further proceedings on the petition.

The allocution which resulted in the appellant's admission that he had committed acts which, if done by an adult, would have constituted the crime of attempted petit larceny, was legally deficient because the Family Court failed to apprise the appellant of his various constitutional and statutory rights as well as the consequences of waiving those rights (see, Family Ct Act § 321.3; Matter of Yolanda C., 118 A.D.2d 778; Matter of Kim F., 109 A.D.2d 706; Matter of Kelly Sue N., 94 A.D.2d 976). As the Corporation Counsel concedes, reversal is, therefore, warranted. Thompson, J.P., Bracken, Brown and Eiber, JJ., concur.


Summaries of

Matter of Corey

Appellate Division of the Supreme Court of New York, Second Department
Aug 17, 1987
133 A.D.2d 153 (N.Y. App. Div. 1987)
Case details for

Matter of Corey

Case Details

Full title:In the Matter of COREY L., Appellant

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

Date published: Aug 17, 1987

Citations

133 A.D.2d 153 (N.Y. App. Div. 1987)

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