Opinion
January 23, 1995
Appeal from the Family Court, Kings County (Cordova, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
Viewing the evidence in the light most favorable to the presentment agency (see, People v. Contes, 60 N.Y.2d 620), we find it was legally sufficient to establish beyond a reasonable doubt that the appellant committed acts which, if committed by an adult, would have constituted the crimes of aggravated sexual abuse in the second degree, sexual abuse in the first degree, sexual abuse in the third degree, and menacing in the third degree. There is no merit to the appellant's contention that the complainant's testimony was unworthy of belief but that his own testimony was credible. It is well settled that resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the trier of fact, which saw and heard the witnesses (see, People v. Gaimari, 176 N.Y. 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, 44 A.D.2d 86, 88; see also, Matter of Michael D., 109 A.D.2d 633, 634, affd 66 N.Y.2d 843). Upon the exercise of our factual review power, we are satisfied that the finding of guilt was not against the weight of the evidence (cf., CPL 470.15). Mangano, P.J., Balletta, O'Brien and Hart, JJ., concur.