- Bookmark
- Share
- CaseIQ
IN THE MATTER OF KENNETH E
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 Stafford B., 187 A.D.2d 649; cf. People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the appellant's guilt beyond a reasonable doubt (see Matter of Hector R., 248 A.D.2d 390; Matter of Fred D., 226 A.D.2d 172; Matter of Darryl G., 184 A.D.2d 204). Resolution of issues of credibility, as well as the weight to be accorded the evidence presented, are primarily questions to be determined by the finder of fact, which saw and heard the witnesses (see Matter of Nnennya P., 247 A.D.2d 476; cf. People v. Gaimari, 176 N.Y. 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see Matter of Donnell T., 265 A.D.2d 330; Matter of Jeffrey C., 239 A.D.2d 413; Matter of Stafford B., supra). Upon the exercise of our factual review power, we are satisfied that the Family Court's finding was not against the weight of the evidence (cf. CPL 470.15).
SANTUCCI, J.P., KRAUSMAN, GOLDSTEIN and ADAMS, JJ., concur.
Alert