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IN THE MATTER OF DARNELL S. (ANONYMOUS), appellant.

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 Kerlyn T., 252 A.D.2d 557; 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 robbery in the third degree (cf. Penal Law 160.05). 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 facts, who saw and heard the witnesses (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 are not against the weight of the evidence (cf. CPL 470.15).

The appellant's remaining contentions are without merit.

RITTER, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

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IN THE MATTER OF DARNELL S
(Dec 30, 2002)