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Matter of Schlena

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 1983
98 A.D.2d 750 (N.Y. App. Div. 1983)

Opinion

December 12, 1983


In two separate proceedings pursuant to article 7 of the Family Court Act, the appeals are from two orders of the Family Court, Queens County (Greenbaum, J., at disposition; Cohen, J. [docket number 1416/82] and Friedenberg, J. [docket number 2942/82] at fact finding), both dated December 14, 1982, which adjudged appellant to be a juvenile delinquent upon her admissions of having committed acts, which if committed by an adult, would constitute the crimes of attempted petit larceny. Orders reversed, on the law, without costs or disbursements, fact-finding determinations vacated, and proceedings remitted to the Family Court, Queens County, for new fact-finding hearings. As the Corporation Counsel candidly concedes, the allocutions conducted at the fact-finding hearings, where appellant purportedly admitted the allegations in the petitions, were grossly inadequate. In both instances, the Family Court failed to either comprehensively apprise appellant of her various constitutional and statutory rights or the consequences of a waiver thereof or to elicit any statements from her regarding the facts underlying her admissions (see People v. Gina M.M., 40 N.Y.2d 595; Matter of Lawrence S., 29 N.Y.2d 206; Matter of Randy H., 91 A.D.2d 685; Matter of Sherman W., 88 A.D.2d 997; Matter of Myacutta A., 75 A.D.2d 774; Matter of John R., 71 A.D.2d 896). Lazer, J.P., Mangano, Niehoff and Boyers, JJ., concur.


Summaries of

Matter of Schlena

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 1983
98 A.D.2d 750 (N.Y. App. Div. 1983)
Case details for

Matter of Schlena

Case Details

Full title:In the Matter of SCHLENA P., Appellant

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

Date published: Dec 12, 1983

Citations

98 A.D.2d 750 (N.Y. App. Div. 1983)

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