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

DECISION ORDER

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

The appellant contends that the Family Court's factual findings were against the weight of the evidence because there were discrepancies in the testimony of the school safety officers, and because their testimony was inconsistent with that of the defense witness. Resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the finder of fact, which saw and heard the witnesses (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 (cf., People v. Garafolo, 44 A.D.2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the court's findings of fact were not against the weight of the credible evidence (see, Family Ct Act § 342.2).

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MATTER OF LAMARR C
(Jun 19, 2000)