In re Florence V.
Opinion of the Court
Appeal from an order of the Family Court of Sullivan County (Meddaugh, J.), entered January 10, 1995, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 3, to adjudicate respondent a juvenile delinquent.
Respondent was adjudicated a juvenile delinquent based upon her admission to acts which, if committed by an adult, would have constituted criminal trespass in the second degree, a class A misdemeanor. Following a dispositional hearing, she was placed on two years’ probation and ordered to participate in, inter alia, certain educational and counseling programs.
Respondent maintains that there should be a reversal because her plea allocution in Chemung County Family Court failed to satisfy the requirements of Family Court Act § 321.3 (1). Specifically, she contends that the plea was inadequate because the possible specific dispositions were not articulated on the record (see, Family Ct Act § 321.3 [1] [c]). We agree.
The record reveals that, at the allocution, Family Court did not adequately explain to respondent the "possible specific dispositional orders” as required by Family Court Act § 321.3
In view of this result, we do not address respondent’s remaining arguments.
We note that the plea allocution took place before Chemung County Family Court. After the plea was accepted, the case was transferred to Sullivan County Family Court since respondent currently resided there. All further proceedings took place before the latter court.
Concurring Opinion
concur. Ordered that the order is reversed, on the law, without costs, and matter remitted to the Family Court of Chemung County for further proceedings not inconsistent with this Court’s decision.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.