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IN RE THOMAS

Appellate Division of the Supreme Court of New York, Second Department.
Jun 17, 2008
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Ordered that the order of disposition is affirmed, without costs or disbursements.

The appellant's right to a speedy fact-finding hearing ( see Family Ct Act § 340.1) was not violated. The court properly found good cause to adjourn the hearing based upon the need to resolve pending suppression motions ( see Family Ct Act § 340.1; Matter of David W., 241 AD2d 388; Matter of Levar A., 200 AD2d 443).

Viewing the evidence in the light most favorable to the presentment agency ( see Matter of David H., 69 NY2d 792), we find that it was legally sufficient to establish that the appellant committed acts which, if committed by an adult, would have constituted the crimes of criminal possession of a weapon in the third degree and unlawful possession of a box cutter in a public place ( cf. Penal Law § 265.02; Administrative Code of City of NY § 10-134.1 [e]). Moreover, resolution of issues of credibility is primarily a matter to be determined by the finder of fact, which saw and heard the witnesses, and its determination should be accorded great deference on appeal ( see Matter of Carliph T., 26 AD3d 440; Matter of Michael T., 305 AD2d 610). Upon the exercise of our factual review power ( cf. CPL 470.15), we are satisfied that the Family Court's finding that the appellant committed those acts was not against the weight of the evidence ( cf. People v Danielson, 9 NY3d 342).