From Casetext: Smarter Legal Research

Matter of Shawn

Appellate Division of the Supreme Court of New York, Second Department
Jan 21, 1992
179 A.D.2d 755 (N.Y. App. Div. 1992)

Opinion

January 21, 1992

Appeal from the Family Court, Queens County (Clark, 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 matter is remitted to the Family Court, Westchester County, for further proceedings consistent herewith.

The allocution which resulted in the appellant's admission that he had committed an act which, if committed by an adult, would have constituted the crime of attempted sodomy in the first degree, was legally deficient because the Family Court failed to adequately apprise the appellant of the consequences of waiving his rights, including all possible dispositional alternatives (see, Family Ct Act § 321.3; Matter of Corey L., 133 A.D.2d 153; Matter of Kenny A., 125 A.D.2d 464; Matter of Delfin A., 123 A.D.2d 318, 319). Accordingly, as the Corporation Counsel concedes, reversal is warranted.

We have considered the appellant's remaining contentions and find them to be either without merit or academic in light of the above determination. Balletta, J.P., Rosenblatt, Miller and Ritter, JJ., concur.


Summaries of

Matter of Shawn

Appellate Division of the Supreme Court of New York, Second Department
Jan 21, 1992
179 A.D.2d 755 (N.Y. App. Div. 1992)
Case details for

Matter of Shawn

Case Details

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

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

Date published: Jan 21, 1992

Citations

179 A.D.2d 755 (N.Y. App. Div. 1992)

Citing Cases

Matter of Harrison C

The appellant correctly argues, and the County Attorney properly concedes, that the dispositional order must…

Matter of Anthony

Ordered that the order of disposition is reversed, on the law and as a matter of discretion in the interest…