Opinion
May 12, 1997
Appeal from the Family Court, Queens County (Fitzmaurice, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
The appellant contends that the Family Court's findings of fact were against the weight of the evidence and that the presentment agency failed to prove his guilt beyond a reasonable doubt, since the complainant's testimony was incredible and he offered strong alibi testimony. Viewing the evidence in the light most favorable to the presentment agency (cf., 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 (see, Family Ct Act § 342.2). Moreover, 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 finder of fact, which saw and heard the witnesses (cf., People v Gaimari, 176 N.Y. 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (cf., People v. Garafolo, 44 A.D.2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the court's finding of guilt was not against the weight of the evidence (see, Matter of Andrew Michael S., 100 A.D.2d 851).
Miller, J.P., Joy, Goldstein and Florio, JJ., concur.