Legal Opinion

In re Joseph H.

New York City Family Court

Decided June 18, 2008Published

1Opinion of the Court

*620OPINION OF THE COURT

W. Dennis Duggan, J.

Can a parent’s objection prevent the court from accepting an admission from the child in a juvenile delinquency proceeding? The answer is no. The court may accept a juvenile’s admission over the objection of the parent. The court finds that the appellate authority that appears to be to the contrary to this holding is dicta and not controlling on this issue.

The juvenile in this case is charged with petit larceny. At the initial appearance, the child was arraigned and he and his father were apprised of the child’s rights as required by Family Court Act §…

2Cases cited5 opinions

  1. In re Eric CC.Appellate Division of the Supreme Court of the State of New York · 2002
  2. In re William VV.Appellate Division of the Supreme Court of the State of New York · 2007
  3. In re Derick UU.Appellate Division of the Supreme Court of the State of New York · 2002
  4. In re Theodore N.Appellate Division of the Supreme Court of the State of New York · 2003
  5. In re JohnAppellate Division of the Supreme Court of the State of New York · 2006

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