MATTER OF JOSHUA P

ORDERED that the order of disposition is reversed, on the law, without costs or disbursements, the fact-finding order is vacated, and the petition is dismissed.

The appellant contends that the Family Court erred in denying his motion for a Sandoval hearing. We agree. The Family Court's refusal to hold a Sandoval hearing denied the appellant of his right to testify on his own behalf (see, People v. Sandoval, 34 N.Y.2d 371 ; cf., People v. Oglesby, 137 A.D.2d 840 ) and thereby denied the appellant a fair trial.

In light of the fact that the appellant has already served the maximum period of placement we dismiss the petition in the interest of justice (see, Matter of James D.H., 254 A.D.2d 290 ;Matter of Herbert RR., 214 A.D.2d 891 ; Matter of Cereg L., 140 A.D.2d 609 ).

O'BRIEN, J.P., SANTUCCI, FLORIO, and SMITH, JJ., concur.