Legal Opinion

In re Paul H.

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

Decided December 20, 1989PublishedCited by 1 opinion

1Opinion of the Court

Order unanimously reversed on the law without costs and petition dismissed. Memorandum: The rec*1031ord reveals that the Law Guardian for respondent admitted the allegations in the PINS petition on respondent’s behalf and that at no time did the court advise respondent of his right to remain silent or of possible dispositional orders (Family Ct Act §§741, 321.3 [1]). That was error (see, Matter of Mark S., 144 AD2d 1010; Matter of Tomika M., 136 AD2d 951). The order of probation was a nullity and must be vacated because the sentence of probation was predicated upon an invalid admission (see,…

2Cases cited1 opinion

  1. In re Corey L.Appellate Division of the Supreme Court of the State of New York · 1988

3Cited by1 opinion

  1. In re Patrick R.Appellate Division of the Supreme Court of the State of New York · 1995

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