In re Marquis K.S.
Opinion of the Court
Appeal from an order of the Family Court, Genesee County (Eric R. Adams, J.), entered March 29, 2005 in a proceeding pursuant to Family Court Act article 3. The order adjudged that respondent is a juvenile delinquent and placed respondent in the custody of the New York State Office of Children and Family Services for a period of 12 months.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: On appeal from an order of disposition entered pursuant to Family Court Act article 3 following removal of a criminal action against respondent from adult criminal court to Family Court, respondent contends that both County Court and then Family Court committed reversible error by failing to advise him of his right to remain silent and of the possible dispositional consequences of his admission, and further in fail
We conclude that those procedural requirements do not apply to respondent’s plea in adult criminal court despite the fact that the plea was entered in anticipation of the removal of the criminal action against respondent to Family Court for adjudication of respondent as a juvenile delinquent. County Court was not required to comply with procedural requirements that are by their terms applicable only in Family Court. Nor can we agree with respondent that Family Court was required to remedy the alleged procedural errors of County Court after the case was removed to Family Court. Pursuant to Family Court Act § 346.1, where the proceeding in Family Court was commenced by County Court’s order of removal, “the requirements of a fact-finding hearing shall be deemed to have been satisfied upon the filing of the order and no further fact-finding hearing need be held” (see also § 350.2). Because the matter properly proceeded directly to the dispositional stage following removal, there was no occasion for Family Court to comply with the requirements of Family Court Act §§ 320.3 and 321.3. Present—Scudder, J.P., Kehoe, Martoche, Smith and Fine, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.