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Matter of Sherman

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1982
88 A.D.2d 997 (N.Y. App. Div. 1982)

Opinion

June 28, 1982


In separate proceedings pursuant to article 7 of the Family Court Act, the appeals are from two orders of the Family Court, Kings County (Marks, J., at disposition; Donovan, J., at fact finding), both dated July 6, 1981, which adjudged appellant to be a juvenile delinquent on his admissions of having committed acts which, if committed by an adult, would constitute the crime of burglary in the third degree, and placed him with the Division for Youth, Title II, for a period of one year (as amended by subsequent order of the same court [Huttner, J.], dated February 2, 1982, to Title III). Orders, as amended, reversed, on the law, without costs or disbursements, fact-finding determinations vacated, and proceedings remitted to the Family Court for new fact-finding hearings. As the Corporation Counsel concedes, the "plea minutes" on which the two challenged orders are based were grossly inadequate in complying with appellant's constitutional and statutory rights (see Matter of Daniel B., 82 A.D.2d 761; Matter of Myacutta A., 75 A.D.2d 774; Matter of John R., 71 A.D.2d 896), and therefore reversal is mandated. Weinstein, J.P., Thompson, Bracken and Boyers, JJ., concur.


Summaries of

Matter of Sherman

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1982
88 A.D.2d 997 (N.Y. App. Div. 1982)
Case details for

Matter of Sherman

Case Details

Full title:In the Matter of SHERMAN W., Appellant

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

Date published: Jun 28, 1982

Citations

88 A.D.2d 997 (N.Y. App. Div. 1982)

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