Opinion
June 15, 1987
Appeal from the Family Court, Kings County (Deutsch, J.).
Ordered that the order of disposition is reversed, on the law, without costs or disbursements, the fact-finding order is vacated, and the petition is dismissed.
As the respondent concedes, the hearing court erred in denying suppression of all statements and physical evidence obtained after the appellant was interrogated in the absence of his parent and without having been advised of his Miranda rights (see, Family Ct Act § 305.2, [4]). Moreover, since the appellant has already served the one-year term of probation imposed at the dispositional hearing, the appropriate remedy under the circumstances is dismissal of the petition (see, Matter of Rodney R., 119 A.D.2d 677, 678). Weinstein, J.P., Rubin, Kooper and Sullivan, JJ., concur.