Opinion
April 15, 1971
Order, Family Court, Bronx County, entered February 11, 1971, adjudging appellant a juvenile delinquent, unanimously reversed, on the law and in the exercise of discretion, and the proceeding remanded to Family Court, Bronx County, for a hearing ab initio, without costs and without disbursements. The juvenile was arraigned for a fact-finding hearing upon charges embracing acts which, if committed by an adult, would have constituted felony. Though endeavors were made after arrest to send notice to a relative, no one appeared in behalf of the juvenile, and his assigned counsel was refused an adjournment to ascertain the juvenile's actual situation in respect of ability to retain counsel. Further, counsel advised the court that he had just received a copy of the petition and was unable to communicate with his client, who could not speak English. The entire proceeding, as the Corporation Counsel commendably observed, was carried on more with an eye to the convenience of the complainant and the officer than to any other consideration. It is obvious that appellant was denied the effective assistance of counsel, as well as effective guardianship, and remand is required.
Concur — McGivern, J.P., Markewich, Kupferman, Tilzer and Eager, JJ.