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Matter of Christopher S

Appellate Division of the Supreme Court of New York, Second Department
Jul 14, 1997
241 A.D.2d 498 (N.Y. App. Div. 1997)

Opinion

July 14, 1997

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


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

The lack of a judicial determination as to the competency of the complainant to take an oath prior to the execution of the petition did not warrant dismissal of the petition ( see, Matter of Nelson R., 90 N.Y.2d 359; Matter of Henry M., 194 A.D.2d 606).

Viewing the evidence in the light most favorable to the presentment agency, we find that it was legally sufficient to support the conclusion that the appellant committed acts which, if done by an adult, would have constituted the crime of sexual abuse in the first degree ( see, e.g., Matter of Stafford B., 187 A.D.2d 649). "Resolution of issues of credibility, as well as the weight to be accorded to the evidence, are primarily questions to be determined by the trier of facts, which saw and heard the witnesses" ( Matter of Stafford B., supra, at 650). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record ( see, Matter of Stafford B., supra). Upon the exercise of our factual review power, we are satisfied that the court's finding was not against the weight of the evidence.

The appellant's remaining contention is without merit.

Bracken, J. P., Copertino, Santucci and Altman, JJ., concur.


Summaries of

Matter of Christopher S

Appellate Division of the Supreme Court of New York, Second Department
Jul 14, 1997
241 A.D.2d 498 (N.Y. App. Div. 1997)
Case details for

Matter of Christopher S

Case Details

Full title:In the Matter of CHRISTOPHER S., a Person Alleged to be a Juvenile…

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

Date published: Jul 14, 1997

Citations

241 A.D.2d 498 (N.Y. App. Div. 1997)
661 N.Y.S.2d 522

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