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In re Walter A.

104 A.D.2d 734 Court N.Y. App. Div. Decision date 1984-09-21 English

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p. 734
In the Matter of Walter A., Jr., a Person Alleged to be a Juvenile Delinquent.

— Order unanimously reversed and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memorandum: Respondent appeals from an order adjudicating him a juvenile delinquent. The record reveals that, in admitting to the allegations of the petition, respondent was not advised of his right to remain silent (Family Ct Act, § 741; Matter of Kelly Sue N., 94 AD2d 976 ). Further, there is nothing in the record to show that

p. 735
respondent voluntarily waived his right to a fact-finding hearing or was made aware of possible specific dispositional orders (Family Ct Act, § 321.3, subd 1). (Appeal from order of Erie County Family Court, Notaro, J. —juvenile delinquency.) Present — Hancock, Jr., J. P., Callahan, Denman, Boomer and Moule, JJ.