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Matter of Bernard

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1991
171 A.D.2d 794 (N.Y. App. Div. 1991)

Opinion

March 18, 1991

Appeal from the Family Court, Queens County (Ambrosio, J.).


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

Viewing the evidence in the light most favorable to the petitioner (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. Although there are certain inconsistencies between the testimony of the complainant at the hearing and at an interview with a police officer shortly after the incident, 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 fact-finder, which saw and heard the witnesses (see, People v Gaimari, 176 N.Y. 84, 94). Since this case was tried before a court without a jury, the greatest respect must be accorded the determination of the hearing court in assessing the credibility of witness and resolving disputed questions of fact (see, Matter of Jamal V., 159 A.D.2d 507; Matter of Angel R., 134 A.D.2d 265, 266). The decision of the Family Court is accorded the same weight as that given to a jury verdict (see, People v Carter, 63 N.Y.2d 530; Matter of Michael D., 109 A.D.2d 633, 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 credible evidence (see, CPL 470.15).

We have reviewed the appellant's remaining contention and find it to be unpreserved for appellate review and, in any event, without merit (see, Matter of James J., 160 A.D.2d 699, 700, affd 76 N.Y.2d 883). Mangano, P.J., Brown, Sullivan and Eiber, JJ., concur.


Summaries of

Matter of Bernard

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1991
171 A.D.2d 794 (N.Y. App. Div. 1991)
Case details for

Matter of Bernard

Case Details

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

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

Date published: Mar 18, 1991

Citations

171 A.D.2d 794 (N.Y. App. Div. 1991)

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