From Casetext: Smarter Legal Research

Matter of Angel

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1987
134 A.D.2d 265 (N.Y. App. Div. 1987)

Opinion

November 2, 1987

Appeal from the Family Court, Kings County (Greenbaum, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

We reject the appellant's contention that the evidence did not prove his guilt beyond a reasonable doubt (Family Ct Act § 342.2). This case was tried before a court without a jury. In such cases, the greatest respect must be accorded the determination of the hearing court in assessing the credibility of witnesses and resolving disputed questions of fact (see, Matter of Lawrence S., 127 A.D.2d 772, 774; see also, Matter of Jeanette Q., 119 A.D.2d 848, 849). The decision of the Family Court is accorded the same weight as that given to a jury verdict (People v. Carter, 63 N.Y.2d 530; Matter of Michael D., 109 A.D.2d 633, 634, affd 66 N.Y.2d 843; Matter of Jerry XX., 115 A.D.2d 797, lv denied 68 N.Y.2d 601). Upon the exercise of our factual review power, we are satisfied that the evidence established the appellant's guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15). The evidence showed that the complainant viewed the appellant's face at close range for five minutes under good lighting conditions. Thereafter, while riding with the police in the neighborhood of the incident, the complainant identified the appellant without any prompting from the police. We find nothing in the complainant's testimony to be so unbelievable as to persuade us to disturb the Family Court's adjudication. Mangano, J.P., Thompson, Lawrence and Harwood, JJ., concur.


Summaries of

Matter of Angel

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1987
134 A.D.2d 265 (N.Y. App. Div. 1987)
Case details for

Matter of Angel

Case Details

Full title:In the Matter of ANGEL R., Appellant

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

Date published: Nov 2, 1987

Citations

134 A.D.2d 265 (N.Y. App. Div. 1987)

Citing Cases

Matter of William

(see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the appellant's…

Matter of Vernon

We find no basis for setting aside the Family Court's fact-finding order as contrary to the weight of the…