Opinion
March 15, 1994
Appeal from the Family Court, New York County (Bruce Kaplan, J.).
Appellant contends, respondent concedes, and we agree that the adjudication of appellant as a juvenile delinquent is constitutionally infirm and must be reversed. The fact-finding determination, based upon appellant's admission of the allegations in the fifth count of the petition, must be vacated because the Family Court Judge did not adequately determine whether appellant, given his intellectual limitations, understood the rights which he was waiving concerning the voluntariness of his admission. The court also failed adequately to apprise appellant of the possible dispositional orders (Family Ct Act § 320.3, 321.3).
We also find that the provisions of Family Court Act § 340.1 were violated by the adjournment of the fact-finding hearing on two occasions for periods in excess of 30 days, necessitating the dismissal of the petition (see, Matter of Randy K., 77 N.Y.2d 398; Matter of Frank C., 70 N.Y.2d 408).
Concur — Rosenberger, J.P., Asch, Rubin, Williams and Tom, JJ.