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Matter of Damion

Appellate Division of the Supreme Court of New York, Second Department
Aug 28, 1995
218 A.D.2d 796 (N.Y. App. Div. 1995)

Opinion

August 28, 1995

Appeal from the Family Court, Kings County (McLeod, 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 the appellant's guilt beyond a reasonable doubt (see, People v. Roby, 39 N.Y.2d 69; People v. McCaleb, 25 N.Y.2d 394; Matter of Jamal C., 186 A.D.2d 562). The appellant's contention that the arresting officer's testimony was incredible and unworthy of belief is without merit. It is well settled that resolution of issues of credibility, as well as the weight to be accorded the evidence, are primarily questions to be determined by the trier of fact, who saw and heard the witnesses (see, People v. Woodham, 158 A.D.2d 494, 495), and the trier of fact's determination should be given great weight and should not be disturbed unless clearly unsupported by the record (see, People v. Carter, 63 N.Y.2d 530, 539; Matter of Michael D., 109 A.D.2d 633, 634, affd 66 N.Y.2d 843).

Moreover, upon the exercise of our factual review power, we are satisfied that the fact-finding order was not against the weight of the evidence (cf., CPL 470.15). Balletta, J.P., Copertino, Pizzuto and Krausman, JJ., concur.


Summaries of

Matter of Damion

Appellate Division of the Supreme Court of New York, Second Department
Aug 28, 1995
218 A.D.2d 796 (N.Y. App. Div. 1995)
Case details for

Matter of Damion

Case Details

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

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

Date published: Aug 28, 1995

Citations

218 A.D.2d 796 (N.Y. App. Div. 1995)
630 N.Y.S.2d 802