From Casetext: Smarter Legal Research

Matter of Felix

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 1977
58 A.D.2d 562 (N.Y. App. Div. 1977)

Opinion

June 28, 1977


Order of disposition by the Family Court, Bronx County, entered in the office of the clerk June 21, 1976, which placed appellant in a title III facility (Bronx State Psychiatric Center), unanimously reversed, on the law, without costs and without disbursements, the prior proceedings vacated, and the matter is remanded for further proceedings de novo. The sparse record does not disclose that appellant was advised of his right to remain silent at the commencement of the fact-finding hearing (Family Ct Act, § 741) or that he was questioned by the trial court as to any of the facts alleged in the petition (Matter of Lee G., 46 A.D.2d 910).

Concur — Birns, J.P., Silverman, Capozzoli and Lane, JJ.


Summaries of

Matter of Felix

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 1977
58 A.D.2d 562 (N.Y. App. Div. 1977)
Case details for

Matter of Felix

Case Details

Full title:In the Matter of FELIX A., a Person Alleged to be a Juvenile Delinquent…

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

Date published: Jun 28, 1977

Citations

58 A.D.2d 562 (N.Y. App. Div. 1977)

Citing Cases

In re Sue N.

The record does not show that respondent was advised of her right to remain silent (Family Ct Act, § 741;…

Matter of Steven

However, as the respondent candidly concedes, the Judge at fact finding did not apprise the appellant or his…