In re Guy II.
Opinion of the Court
Appeal from an order of the Family Court of Rensselaer County (Spain, J.), entered July 8, 1992, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 7, to adjudicate respondent a person in need of supervision.
Respondent appeals from an order adjudicating him a person in need of supervision (hereinafter PINS) and placing him on probation for a period of one year. The record reveals that reversible error occurred when Family Court failed to specifically advise respondent of his right to remain silent, as required by Family Court Act § 741 (a), before accepting his admissions to the allegations in the PINS petition (see, Matter of Erik N., 185 AD2d 433; Matter of David B., 167 AD2d 885, 886; Matter of Kent H., 162 AD2d 1058; Matter of Rayshawn R., 161 AD2d 1205, 1206; Matter of Damian C., 161 AD2d 1206). The order adjudicating respondent a PINS must, therefore, be reversed and the order of disposition vacated.
Dismissal of the petition as legally insufficient to meet the
Weiss, P. J., Yesawich Jr., Crew III and Casey, JJ., concur. Ordered that the order is reversed, on the law, without costs, and matter remitted to the Family Court of Rensselaer County for further proceedings not inconsistent with this Court’s decision.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.