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Out of date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!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law