Legal Opinion

In re David B.

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 1990No. Appeal No. 1PublishedCited by 3 opinions

1Opinion of the Court

Order unanimously reversed on the law without costs and petition dismissed. Memorandum: The orders adjudicating respondent a person in need of supervision must be reversed. The admissions to the allegations of the petitions were made by the Law Guardian, not respondent personally (see, Matter of Paul H., 154 AD2d 943). Further, respondent was not advised by the court of his right to remain silent (see, Matter of Patricia Ann R., 154 AD2d 933). Moreover, the court erred when it did not ascertain, through allocution, that respondent admitted to the acts alleged in the petition, that he…

2Cases cited3 opinions

  1. In re Corey L.Appellate Division of the Supreme Court of the State of New York · 1988
  2. In re Paul H.Appellate Division of the Supreme Court of the State of New York · 1989
  3. In re Ann R.Appellate Division of the Supreme Court of the State of New York · 1989

3Cited by3 opinions

  1. In re Erik N.Appellate Division of the Supreme Court of the State of New York · 1992
  2. In re Chad M.Appellate Division of the Supreme Court of the State of New York · 1994
  3. In re Keith H.Appellate Division of the Supreme Court of the State of New York · 1993

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