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Matter of Marvel S

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1998
251 A.D.2d 669 (N.Y. App. Div. 1998)

Opinion

June 29, 1998

Appeal from the Family Court, Kings County (Porzio, 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 establish that the appellant committed acts which, if committed by an adult, would have constituted attempted assault in the first degree, reckless endangerment in the second degree, and criminal possession of a weapon in the fourth degree.

The appellant contends that the complainant's testimony was not credible. Resolution of issues of credibility and weight to be accorded the evidence presented are primarily questions for the trier of fact ( cf, People v. Gaimari, 176 N.Y. 84). 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 findings of fact were not against the weight of the evidence ( cf., CPL 470.15).

The appellant's remaining contention is without merit.

Sullivan, J. P., Pizzuto, Altman and Friedmann, JJ., concur.


Summaries of

Matter of Marvel S

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1998
251 A.D.2d 669 (N.Y. App. Div. 1998)
Case details for

Matter of Marvel S

Case Details

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

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

Date published: Jun 29, 1998

Citations

251 A.D.2d 669 (N.Y. App. Div. 1998)
676 N.Y.S.2d 489

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