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Matter of Kenny

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1986
125 A.D.2d 464 (N.Y. App. Div. 1986)

Opinion

December 15, 1986

Appeal from the Family Court, Queens County (Thorpe, J.).


Ordered that the order dated September 10, 1985 is reversed, as a matter of discretion in the interest of justice, the fact-finding order dated April 22, 1985 is vacated, and the proceeding is remitted to the Family Court, Nassau County (see, Family Ct Act § 302.3), for further proceedings consistent herewith.

The Corporation Counsel concedes that the Judge who accepted the appellant's admission did not advise him and his parents of his relevant constitutional and statutory rights or the consequences flowing from a waiver of those rights (see, Boykin v. Alabama, 395 U.S. 238; People v. Gina M.M., 40 N.Y.2d 595; Matter of Lawrence S., 29 N.Y.2d 206; Matter of John R., 71 A.D.2d 896; Matter of Steven W., 75 A.D.2d 756; Matter of Kim F., 109 A.D.2d 706; Family Ct Act § 320.3, 321.3). Under these circumstances, the dispositional order appealed from must be reversed and the proceedings remitted to the Family Court, Nassau County (Family Ct Act § 302.3), for further proceedings. Mangano, J.P., Brown, Rubin and Eiber, JJ., concur.


Summaries of

Matter of Kenny

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1986
125 A.D.2d 464 (N.Y. App. Div. 1986)
Case details for

Matter of Kenny

Case Details

Full title:In the Matter of KENNY A., Appellant

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

Date published: Dec 15, 1986

Citations

125 A.D.2d 464 (N.Y. App. Div. 1986)

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