In re Brian OO.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Following plea negotiations, respondent entered an admission of acts which, if done by an adult, would have constituted the crime of sexual abuse in the third degree, was adjudicated a juvenile delinquent and was placed on probation for a period of two years. Respondent now appeals. There must be a reversal. It is undisputed that in accepting respondent’s admission, Family Court failed to comply with the provisions of Family Court Act § 321.3. Specifically, Family Court did not advise respondent on the record of his right to a fact-finding hearing and did not ascertain through allocution that…
2Cases cited2 opinions
- In re Corey L.Appellate Division of the Supreme Court of the State of New York · 1987
- In re Tina P.Appellate Division of the Supreme Court of the State of New York · 1987
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- In re Edgar Q.Appellate Division of the Supreme Court of the State of New York · 1992
- In re Herbert RR.Appellate Division of the Supreme Court of the State of New York · 1995
- In re Herbert TT.Appellate Division of the Supreme Court of the State of New York · 1993
- In re Shantique F.Appellate Division of the Supreme Court of the State of New York · 1996
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