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IN THE MATTER OF BERNELL R.W. (ANONYMOUS), appellant. (Docket No. D-16856-02).

DECISION ORDER

ORDERED that the order of disposition is affirmed, without costs or disbursements.

Viewing the evidence in the light most favorable to the presentment agency ( see Matter of Natayya P., 2 A.D.3d 862), we find that it was legally sufficient to establish that the appellant committed acts which, if committed by an adult, would have constituted the crime of grand larceny in the fourth degree ( see Matter of Michael H., 294 A.D.2d 364; Matter of Pierre B., 210 A.D.2d 3). Resolution of issues of credibility and the weight to be accorded to 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., CPL 470.15; People v. Garafolo, 44 A.D.2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the Family Court's factual determination was not against the weight of the evidence ( cf. CPL 470.15; see Matter of Nnennya P., 247 A.D.2d 476).

The appellant's remaining contentions are without merit.

SANTUCCI, J.P., S. MILLER, SCHMIDT and TOWNES, JJ., concur.

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IN THE MATTER OF BERNELL
(May 17, 2004)