(DOWNLOAD) "Matter Mark S." by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Mark S.
- Author : Supreme Court of New York
- Release Date : January 15, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
[144 A.D.2d 1010 Page 1010] Order unanimously reversed on the law without costs and petition dismissed. Memorandum: Respondent appeals from an order
adjudicating him a person in need of supervision and placing him on probation for 12 months. He also appeals from an order
directing his placement outside the home based upon a violation of the previously imposed probation. The record reveals that
before respondent partially admitted the allegations in the PINS petition, the court did not advise him of his right to remain
silent or of possible dispositional orders (Family Ct Act § 741; cf., § 321.3 [1]). That was reversible error (see, Matter
of Tomika M., 136 A.D.2d 951; Matter of Walter A., Jr., 104 A.D.2d 734, 735; Matter of Kelly Sue N., 94 A.D.2d 976). Respondent's
placement was the result of an admission of probation violation. Because the sentence of probation was predicated upon an
invalid admission, the order of placement was a nullity and must be vacated (see, Matter of Tomika M., supra, at 951). Since
respondent's placement period has terminated, it would be inappropriate to remit the matter for a new fact-finding determination
(see, Matter of Corey L., 140 A.D.2d 609; Matter of Patrick R., 131 A.D.2d 678; Matter of Rodney R., 119 A.D.2d 677; Matter
of Yolanda C., 118 A.D.2d 778).
 "Matter Mark S." by Supreme Court of New York # eBook PDF Kindle ePub Free){kind=link}