In re Orazio A.
Cases that cite this one
5 later published cases cite this decision.
- Matter of Juan Z. (Juan Z.) (Appellate Division of the Supreme Court of New York 2025)
- Matter of Isaac I. (Appellate Division of the Supreme Court of New York 2016)
- Matter of Joshua LL. (Appellate Division of the Supreme Court of New York 2015)
- In re Gordon B. (Appellate Division of the Supreme Court of New York 2011)
- In re Clarence D. (Appellate Division of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from an order of the Family Court of Tompkins County (Rowley, J.), entered January 11, 2010, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 3, to adjudicate respondent a juvenile delinquent.
Petitioner commenced this proceeding alleging that, in July 2009, while with a friend, respondent (born in 1995) recklessly lit fireworks in a large barn in the Town of Ithaca, Tompkins County, causing a fire that resulted in a total loss of the barn
Initially, we disagree with respondent that his admission to the underlying act was defective based on Family Court’s failure to comply with Family Ct Act § 321.3, specifically, that Family Court failed to establish that respondent acted recklessly when he damaged the barn. Under Family Ct Act § 321.3 (1), which governs the acceptance of an admission in juvenile delinquency proceedings, the court must, among other things, “ascertain through allocution of the respondent and his [or her] parent or other person legally responsible for his [or her] care, if present, that (a) he [or she] committed the act or acts to which he [or she] is entering an admission.” The failure to follow the statute’s mandatory and nonwaivable requirements requires reversal (see Matter of Lee S., 58 AD3d 1088, 1089 [2009]; Matter of Joshua HH., 299 AD2d 760, 760 [2002]). As relevant here, a person is guilty of criminal mischief in the fourth degree when he or she “[r]ecklessly damages property of another person in an amount exceeding two hundred fifty dollars” (Penal Law § 145.00 [3]). For respondent to have acted recklessly, he must have been “aware of and consciously disregarded] a substantial and unjustifiable risk” that harm would occur through his actions (see Penal Law § 15.05 [3]). Here, we find that respondent’s admission that he and his friend lit firecrackers in the barn on the date in question together with his acknowledgment that he understood that such conduct constituted a reckless action was sufficient to support Family Court’s finding that respondent’s conduct was reckless (see Matter of Donald NN., 9 AD3d 537, 537-538 [2004]). Furthermore, although respondent did not explicitly state that he knowingly disregarded a conscious risk, it can be sufficiently inferred from his admission (see Matter of Tucker J., 42 AD3d 765, 766-767 [2007]; Matter of Justin ZZ., 214 AD2d 816, 816 [1995]).
Rose, J.E, Kavanagh and McCarthy, JJ., concur. Ordered that the order is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.