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IN THE MATTER OF FRANK C. (ANONYMOUS), APPELLANT.

ORDERED that the appeal from so much of the order of disposition as placed the appellant on probation for 12 months is dismissed as academic, without costs or disbursements, as the period of placement has expired; and it is further,

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

Viewing the evidence in the light most favorable to the presentment agency, we find that it was legally sufficient to prove beyond a reasonable doubt that the defendant had committed acts which, if committed by an adult, would have constituted the crime of robbery in the second degree (see, Matter of Daryl W., 275 A.D.2d 792; Matter of Edwin B., 266 A.D.2d 210; cf., People v. Contes, 60 N.Y.2d 620). Moreover, resolution of issues of credibility, as well as the weight to be accorded the evidence, are primarily questions to be determined by the trier of fact, who saw and heard the witnesses (cf., People v. Gaimari, 176 N.Y. 84, 94). Upon the exercise of our factual review power, we are satisfied that the finding of guilt was not against the weight of the evidence (cf., CPL 470.15; People v. Garafolo, 44 A.D.2d 86).

SANTUCCI, J.P., ALTMAN, FLORIO and ADAMS, JJ., concur.

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MATTER OF FRANK C
(May 29, 2001)