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Matter of Richard

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1996
225 A.D.2d 701 (N.Y. App. Div. 1996)

Opinion

March 18, 1996

Appeal from the Family Court, Queens County (Lubow, 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 that it was legally sufficient to establish the appellant's guilt beyond a reasonable doubt (see, People v Olivo, 52 N.Y.2d 309; People v Alamo, 34 N.Y.2d 453). Moreover, 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 finder 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). 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). Bracken, J.P., Rosenblatt, O'Brien and Goldstein, JJ., concur.


Summaries of

Matter of Richard

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1996
225 A.D.2d 701 (N.Y. App. Div. 1996)
Case details for

Matter of Richard

Case Details

Full title:In the Matter of RICHARD W., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 18, 1996

Citations

225 A.D.2d 701 (N.Y. App. Div. 1996)
639 N.Y.S.2d 939

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