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Matter of Joseph

Appellate Division of the Supreme Court of New York, Second Department
May 17, 1976
52 A.D.2d 924 (N.Y. App. Div. 1976)

Opinion

May 17, 1976


Appeal from an order of the Family Court, Queens County, dated January 12, 1976, which, after a fact-finding determination made by the Family Court, Westchester County, dated August 4, 1975, that appellant is a juvenile delinquent, placed him with the Division for Youth, Title III. Order reversed, without costs or disbursements, and proceeding remitted to the Family Court, Queens County, for a de novo hearing and determination. Appellant appeared before the Family Court, Westchester County, for his fact-finding hearing with his mother and a Law Guardian (the proceeding was subsequently transferred to the Family Court, Queens County, for disposition). After advising the appellant of his right to remain silent, the Family Court Judge asked: "Now, have you read the petition?". The Law Guardian responded, "Yes, * * * we have." The Family Court Judge then asked the appellant directly "do you understand the petition completely?" and he responded, "Yes." The Law Guardian waived the court's reading of the petition and admitted the allegations thereof. Without further inquiry or questioning of the appellant, the Family Court sustained the petition and adjudicated the appellant a juvenile delinquent. Such an allocution was insufficient as a matter of law (see Matter of Theodore F., 47 A.D.2d 945; Matter of Lee G., 46 A.D.2d 910; Matter of Karen B., 44 A.D.2d 567). As we stated in those cases, an admission to a juvenile delinquency petition (or to a petition alleging that a child is a person in need of supervision) will not be sustained unless the child himself is (1) fully advised by the Family Court of his rights and the waiver thereof engendered by his admitting the allegations of the petition, (2) questioned as to the allegations of the petition by the Family Court and (3) personally enters his admission to such charges on the record. (See People v Nison, 21 N.Y.2d 338; People v Serrano, 15 N.Y.2d 304.) Gulotta, P.J., Hopkins, Latham, Margett and Shapiro, JJ., concur.


Summaries of

Matter of Joseph

Appellate Division of the Supreme Court of New York, Second Department
May 17, 1976
52 A.D.2d 924 (N.Y. App. Div. 1976)
Case details for

Matter of Joseph

Case Details

Full title:In the Matter of JOSEPH G., Appellant

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

Date published: May 17, 1976

Citations

52 A.D.2d 924 (N.Y. App. Div. 1976)

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