Opinion
May 23, 1988
Appeal from the Family Court, Queens County (Torres, J.).
Ordered, that the order of disposition is reversed, on the law and as a matter of discretion in the interest of justice, without costs or disbursements, the fact-finding order is vacated, and the petition is dismissed.
As the Corporation Counsel concedes, the guilty plea allocution conducted at the fact-finding hearing on which the challenged order was based was inadequate inasmuch as the Family Court failed to comprehensively apprise the appellant of his various constitutional and statutory rights or of the consequences of a waiver thereof (see, People v Gina M.M., 40 N.Y.2d 595; Matter of Kenny A., 125 A.D.2d 464; Matter of Yolanda C., 118 A.D.2d 778; Matter of Schlena P., 98 A.D.2d 750; Matter of Randy H., 91 A.D.2d 685). Reversal is, therefore, mandated. Moreover, since the appellant's placement period has terminated, we see no benefit to be gained from a remittitur for a new fact-finding determination (see, Matter of Yolanda C., supra; see also, Matter of Patrick R., 131 A.D.2d 678; Matter of Rodney R., 119 A.D.2d 677). Mangano, J.P., Thompson, Sullivan and Harwood, JJ., concur.