In re Perry O.
Opinion of the Court
—Order of disposition, Family Court, New York County (Sheldon Rand, J.), entered October 23, 1995, which adjudicated respondent a juvenile delinquent upon his admission that he committed an act which, if committed by an adult, would constitute the crime of attempted criminal possession of a weapon in the third degree, and placed him with the Division for Youth for 12 months, followed by 12 months of probation, unanimously reversed, on the law, without costs, the dispositional and fact finding orders vacated, and the matter remanded for further proceedings.
As the presentment agency concedes, the admission of guilt must be vacated because, in violation of Family Court Act § 321.3 (1), respondent’s mother, who was present in court, was not advised by the court of the consequences of respondent’s admission (Matter of Melvin A., 216 AD2d 227, 228).
Respondent’s other points are without merit. The petition is not jurisdictionally defective, every element of the crimes charged being supported by the nonhearsay allegations of the officer that he personally saw respondent throw an explosive device at his car and saw it explode when it hit the ground.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.