Fourth Department – Matter of Johnathan B.M.

Daily Record Staff//July 17, 2015//

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Appellate Division, Fourth Department

Family Court

Defective Admission – Allocution Required

Matter of Johnathan B.M.

CAF 12-01583

Appealed from Family Court, Steuben County

Background: The child appealed from an order placing in the custody of the commissioner of Social Services. He argues that his admission of acts that, if committed by an adult, would constitute the crime of forcible touching was defective because the Family Court failed to comply with the Family Court Act section 321.3 (1).

Ruling: The Appellate Division reversed. The court held that the admission was defective because the court failed to ascertain, through an allocution for the respondent and his or her parent, that the respondent is aware of all possible dispositional alternatives, such as conditional discharge or an extension of placement.

Wendy S. Sisson, attorney for the child, for the respondent-appellant; Alan P. Reed, county attorney, for the petitioner-respondent

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