Opinion
November 28, 1988
Appeal from the Family Court, Kings County (Sparrow, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
We reject the appellant's contention that the court erred in disregarding the testimony of one of the witnesses who testified in his favor. The record clearly demonstrates that the court found the witness devoid of credibility in view of his prior inconsistent oral and written statements and the vague nature of his responses during the fact-finding hearing. Inasmuch as the hearing court performed the function of the trier of the facts, it was entitled to assess the credibility of the witness and to determine that his testimony was not worthy of belief. We discern no basis in the record before us for disturbing the court's determination in this regard.
Moreover, we conclude that any alleged error committed by the hearing court in curtailing the cross-examination of the complainant did not prejudice the appellant in view of the circumstances of this case and the considerable evidence of the appellant's guilt. Lawrence, J.P., Spatt, Sullivan and Balletta, JJ., concur.