Genesee County Attorney, Petitioner-Respondent. (Appeal No. 2.) v. << (2006)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of MARQUIS K.S., Respondent-Appellant. Genesee County Attorney, Petitioner-Respondent. (Appeal No. 2.)

Decided: February 03, 2006

PRESENT: SCUDDER, J.P., KEHOE, MARTOCHE, SMITH, AND PINE, JJ.

Susan B. Marris, Law Guardian, Manlius, for Respondent-Appellant. John L. Rizzo, County Attorney, Batavia (Durin B. Rogers of Counsel), for Petitioner-Respondent.

Respondent appeals from an order entered upon his admission to the allegations of the petition alleging that he violated a prior order of disposition adjudicating him a person in need of supervision. The order must be reversed and the matter remitted to Family Court for further proceedings on the petition because the court failed to advise respondent of his right to remain silent before accepting his admission (see Family Ct. Act § 741[a]; Matter of Jessica GG., 19 A.D.3d 765, 797 N.Y.S.2d 574; Matter of Ashley A., 296 A.D.2d 627, 628, 745 N.Y.S.2d 121).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the matter is remitted to Family Court, Genesee County, for further proceedings on the petition.

MEMORANDUM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network