Opinion
CAF 00-01738.
November 21, 2003.
Appeal from an order of Family Court, Genesee County (Noonan, J.), entered June 14, 2000, which, inter alia, adjudged respondent a juvenile delinquent upon a finding that he committed acts that, if committed by an adult, would constitute the crime of unlawful possession of a weapon by a person under the age of 16.
Kathleen E. Casey, Middleport, for Respondent-Appellant.
John L. Rizzo, County Attorney, Batavia (Durin B. Rogers of Counsel), Petitioner-Respondent Pro Se.
Before: Present: Pigott, Jr., P.J., Green, Scudder, Kehoe, and Hayes, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: We reject the contention of respondent that Family Court erred in accepting his admission to the petition alleging that he unlawfully possessed a weapon in violation of Penal Law § 265.05. Contrary to the contentions of respondent, the court advised him of his right to a fact-finding hearing, and the allocution of respondent and his mother complied with the requirements of Family Ct Act § 321.3 (1) ( see Matter of Eric CC., 298 A.D.2d 632, 633-634; Matter of Ramon P., 295 A.D.2d 233).