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IN THE MATTER OF KEVIN M. (ANONYMOUS), appellant. (Docket No. E-23957/01).

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 ( 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 the crime of sodomy in the first degree ( see Penal Law § 130.00, § 130.50; cf. People v. Francis, 153 A.D.2d 901, 902-903). 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 fact, which saw and heard the witnesses ( see Matter of James G., 309 A.D.2d 935, 936, lv denied N.Y.3d [Feb. 24, 2004]; Matter of Dennis G., 294 A.D.2d 501; 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 ( see Matter of James G., supra; Matter of Dennis G., supra; cf. People v. Garafalo, 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.

SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.

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IN THE MATTER OF KEVIN M
(Apr 19, 2004)