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Matter of Roman

Appellate Division of the Supreme Court of New York, First Department
Nov 29, 1988
144 A.D.2d 315 (N.Y. App. Div. 1988)

Opinion

November 29, 1988

Appeal from the Family Court, New York County (Ruth Zuckerman, J.).


As conceded by respondent Corporation Counsel, the absence of a parent or guardian ad litem at appellant's fact-finding hearing constitutes reversible error, for the Law Guardian assigned to represent her at that proceeding could not act in loco parentis. (See, Matter of John L., 125 A.D.2d 472; Matter of Myacutta A., 75 A.D.2d 774.)

As further conceded by respondent, the plea allocution was defective in that appellant was not adequately advised of her rights, and the court failed to ensure that she understood the consequences of her plea. (Matter of John R., 71 A.D.2d 896; People v. Gina M.M., 40 N.Y.2d 595, 597.)

Accordingly, the fact-finding determination is vacated, the order of disposition reversed, and the matter remanded for a new fact-finding hearing.

Concur — Milonas, J.P., Kassal, Ellerin and Wallach, JJ.


Summaries of

Matter of Roman

Appellate Division of the Supreme Court of New York, First Department
Nov 29, 1988
144 A.D.2d 315 (N.Y. App. Div. 1988)
Case details for

Matter of Roman

Case Details

Full title:In the Matter of DESIREE ROMAN, a Person Alleged to be a Juvenile…

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

Date published: Nov 29, 1988

Citations

144 A.D.2d 315 (N.Y. App. Div. 1988)

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