Matter of Jonathan B.
2003 NY Slip Op 18742 [1 AD3d 1043]
November 21, 2003
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 28, 2004


In the Matter of Jonathan B., Appellant. Genesee County Attorney, Respondent. (Appeal No. 2.)

— Appeal from an order of Family Court, Genesee County (Noonan, J.), entered June 14, 2000, which, inter alia, adjudged respondent a juvenile delinquent upon a finding that he committed acts that, if committed by an adult, would constitute the crime of unlawful possession of a weapon by a person under the age of 16.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: We reject the contention of respondent that Family Court erred in accepting his admission to the petition alleging that he unlawfully possessed a weapon in violation of Penal Law § 265.05. Contrary to the contentions of respondent, the court advised him of his right to a fact-finding hearing, and the allocution of respondent and his mother complied with the requirements of Family Ct Act § 321.3 (1) (see Matter of Eric CC., 298 AD2d 632, 633-634 [2002]; Matter of Ramon P., 295 AD2d 233 [2002]). Present—Pigott, Jr., P.J., Green, Scudder, Kehoe and Hayes, JJ.