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In Re Sean B.

New York Supreme Court Appellate Division, First Department


October 4, 2012

IN RE SEAN B., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT. PRESENTMENT AGENCY

Matter of Sean B.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 4, 2012

Gonzalez, P.J., Saxe, DeGrasse, Freedman, Roman, JJ.

Order of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about March 4, 2011, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of assault in the third degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

Appellant's admission was knowingly, intelligently and voluntarily made. The admission did not become final until after the court fully advised appellant and his mother of the rights appellant would be waiving. Appellant's challenges to his admission allocution raise matters of form rather than substance. Reversal is not warranted either by the fact that the factual inquiry preceded the advisement of rights (see Matter of Leon T., 23 AD3d 256 [1st Dept 2005]) or the fact that appellant's mother's allocution incorporated her son's allocution by reference (see Matter of Humberto R., 81 AD3d 471 [1st Dept 2011]). We also find that the court sufficiently explained the right to remain silent.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 4, 2012

CLERK

20121004

© 1992-2012 VersusLaw Inc.



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