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Matter of James

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1988
138 A.D.2d 720 (N.Y. App. Div. 1988)

Opinion

March 28, 1988

Appeal from the Family Court, Queens County (Friedman, J.).


Ordered that the order of disposition is reversed, on the law, 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 appellant argues, and the Corporation Counsel concedes, that his plea allocution was insufficient to ensure that his admission was a knowledgeable and intelligent waiver of his rights. The record clearly establishes that the Family Court failed to apprise the defendant of his constitutional and statutory rights and the consequences of a waiver thereof (see, Matter of Delfin A., 123 A.D.2d 318; Matter of Schlena P., 98 A.D.2d 750; Matter of Christopher F., 126 A.D.2d 975). As a result, the dispositional order must be reversed, the fact-finding order must be vacated, and the matter remitted to the Family Court, Nassau County, for further proceedings on the petition. Mollen, P.J., Thompson, Lawrence and Weinstein, JJ., concur.


Summaries of

Matter of James

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1988
138 A.D.2d 720 (N.Y. App. Div. 1988)
Case details for

Matter of James

Case Details

Full title:In the Matter of JAMES T., a Person Alleged to be a Juvenile Delinquent…

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

Date published: Mar 28, 1988

Citations

138 A.D.2d 720 (N.Y. App. Div. 1988)