You are here: / / Family Court Did Not Inform Respondent of His Rights and Did Not Conduct...

Family Court Did Not Inform Respondent of His Rights and Did Not Conduct an Adequate Colloquy—PINS Adjudication Reversed

The Third Department reversed respondent’s adjudication as a PINS because Family Court did not advise respondent of his rights and the colloquy prior to Family Court’s acceptance of the consent finding was inadequate:

Family Court erred by failing to advise respondent of his rights. Pursuant to statute, at the initial appearance and at the commencement of any hearing concerning a PINS petition, Family Court must advise the respondent and his or her parent of the respondent’s rights to remain silent and to be represented by counsel of his or her choosing or an assigned attorney (see Family Ct Act § 741 [a]…). Here, the court did not mention these rights at the first appearance on the PINS petition, at which time the court accepted respondent’s consent to a PINS finding, nor at the dispositional hearing. The court’s failure to advise respondent of these rights constitutes reversible error … . Additionally, the court’s colloquy prior to accepting that consent finding was inadequate; respondent merely answered “[y]es” when asked if he had a basic understanding of the proceeding and if he consented to a PINS finding, without any further discussion. To ensure that a PINS admission is knowingly and intelligently entered into, in a proper colloquy “[t]he respondent should at least state and admit the precise act, or acts, which constitutes the admission, and should be made aware on the record of the consequences, the dispositional alternatives, and the waiver of specific rights,” as well as give an assurance of the lack of coercion and that he or she consulted with counsel (Merril Sobie, Practice Commentaries, McKinney’s Cons Laws of NY, Book 29A, Family Ct Act § 741 at 98…). Due to the inadequate colloquy and lack of advisement of rights, reversal is required, respondent’s adjudication as a PINS is vacated and the matter is returned to the preadmission stage. Matter of Aaron UU …, 2015 NY Slip Op 01505, 3rd Dept 2-19-15

 

You might also like
Defendant Entitled to New Counsel After Defense Attorney Took a Position Adverse to Defendant’s Pro Se Motion to Withdraw Guilty Plea
Adjunct Professor Entitled to Unemployment Benefits Between Spring and Fall Semesters
​ THE PEOPLE DID NOT HAVE THE DOCUMENT OFFERED TO PROVE DEFENDANT’S MASSACHUSETTS CONVICTION CERTIFIED PURSUANT TO CPLR 4540; SECOND FELONY OFFENDER SENTENCE VACATED (THIRD DEPT). ​
STATE POLICE STOPPED DECEDENT FOR FOLLOWING TOO CLOSELY, DID NOT NOTICE SIGNS OF INTOXICATION, AND LEFT WITHOUT ISSUING A TICKET, DECEDENT LATER FOUND DEAD IN HIS CAR, NO SPECIAL RELATIONSHIP BETWEEN OFFICERS AND DECEDENT, STATE IMMUNE FROM SUIT (THIRD DEPT).
SUPERIOR COURT INFORMATION IS JURISDICTIONALLY DEFECTIVE FOR FAILURE TO INCLUDE THE TIME OF THE OFFENSE, ISSUE NEED NOT BE PRESERVED (THIRD DEPT).
Flawed Appraisals Would Not Allow a Determination of the Highest and Best Use of the Taken Land
FAILURE TO ALLEGE AN OVERT ACT IN THE CONSPIRACY COUNT REQUIRED REVERSAL AND DISMISSAL OF THE COUNT AS JURISDICTIONALLY DEFECTIVE (THIRD DEPT).
THERE WAS NO PROOF DEFENDANT WAS NOTIFIED OF THE SORA RISK-LEVEL ASSESSMENT HEARING AND VOLUNTARILY WAIVED HIS RIGHT TO BE PRESENT; THE DUE PROCESS ISSUE NEED NOT BE PRESERVED FOR APPEAL BECAUSE DEFENDANT DID NOT HAVE THE OPPORTUNITY TO OBJECT; LEVEL-THREE RISK-LEVEL ASSESSMENT REVERSED (THIRD DEPT). ​

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Maltreatment Finding Not Supported by Substantial Evidence Under the Criteria Recently Announced by the Court of Appeals, the Proof Was...