Opinion
June 22, 1993
Appeal from the Supreme Court, Bronx County (Douglas E. McKeon, J.).
The Family Court's earlier denial of respondent's request for a probable cause hearing was improper, as it was based upon defense counsel's statement that he was not ready to proceed with the fact-finding hearing. The probable cause hearing cannot be waived even though the respondent himself states that he is not ready to proceed with the fact-finding hearing (Family Ct Act § 325.1; People ex rel. Kaufmann v. Davis, 57 A.D.2d 597, 598). Accordingly, the courts below did not abuse their discretion in dismissing the juvenile delinquency petition (Family Ct Act § 325.3; see, Matter of Jason G., 189 A.D.2d 720).
Concur — Carro, J.P., Milonas, Wallach, Kassal and Nardelli, JJ.