Opinion
March 5, 1990
Appeal from the Family Court, Kings County (Schecter, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
A review of the record shows that the complainant, a 12-year-old seventh grader, while climbing the school stairs, approached the third floor landing. He saw the appellant standing in front of a group of boys. The appellant had a sharp bladed object in his hands. None of the other boys had any sharp objects in their hands. As the complainant passed the landing, he was stabbed in the buttocks. He turned around and saw only the appellant who was leaving the area. The complainant recognized the appellant by his distinctive clothing and because he had seen him at the school prior to the incident.
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 Christopher T., 156 A.D.2d 190; 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; Matter of Christopher T., supra; Matter of Angel R., supra).
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. Moreover, upon the exercise of our factual review power, we are satisfied that the finding was not against the weight of the evidence (CPL 470.15). Mangano, J.P., Kunzeman, Eiber and Harwood, JJ., concur.