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Matter of Kiheem

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1996
229 A.D.2d 545 (N.Y. App. Div. 1996)

Opinion

July 22, 1996

Appeal from the Family Court, Kings County (Esquirol, 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 ( cf., People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to support the determination made in the fact-finding order. Moreover, 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 ( 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; see also, Matter of Joseph J., 205 A.D.2d 776; Matter of Stafford B., 187 A.D.2d 649). Upon the exercise of our factual review power, we are satisfied that the finding of guilt was not against the weight of the evidence ( cf., CPL 470.15). Bracken, J.P., Miller, Joy, Hart and Krausman, JJ., concur.


Summaries of

Matter of Kiheem

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1996
229 A.D.2d 545 (N.Y. App. Div. 1996)
Case details for

Matter of Kiheem

Case Details

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

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

Date published: Jul 22, 1996

Citations

229 A.D.2d 545 (N.Y. App. Div. 1996)
644 N.Y.S.2d 1007

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