Opinion
November 22, 1988
Appeal from the Family Court, Bronx County (Rhoda Cohen, J.).
Appellant contends, and respondent concedes, that the adjudication of appellant as a juvenile delinquent is constitutionally infirm and must be reversed. The fact-finding determination, based upon appellant's admission of the allegations in the second count of the petition, must be vacated because the Family Court Judge did not adequately apprise appellant or his mother, who was present at the hearing, of the rights which he was waiving and the consequences thereof (Family Court Act §§ 320.3, 321.3; Boykin v. Alabama, 395 U.S. 238; Matter of Lawrence S., 29 N.Y.2d 206; Matter of Tracy B., 80 A.D.2d 792 [1st Dept 1981]; Matter of Steven W., 75 A.D.2d 756 [1st Dept 1980]). Although appellant was told that he was forfeiting his right to trial, he was not specifically advised of his right to remain silent or to testify if he chose, to call witnesses in his own behalf, to confront witnesses against him and to have the agency prove his guilt beyond a reasonable doubt. (Matter of Kim F., 109 A.D.2d 706, 708-709 [1st Dept 1985] [waiver of juvenile's right to trial held invalid because of the court's failure to inform her of the specific rights which attach to trial].) The order must therefore be reversed and the matter remanded for a new fact-finding hearing (Matter of Steven W., supra; Matter of Myacutta A., 75 A.D.2d 774 [1st Dept 1980]).
Concur — Carro, J.P., Asch, Milonas and Rosenberger, JJ.