Opinion
December 8, 1997
Appeal from the Family Court, Westchester County (Braslow, J.).
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 support the finding that the appellant, while acting in concert with another, committed an act which, if committed by an adult, would have constituted the crime of arson in the second degree (see, Penal Law § 150.15). 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 trier 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 fact-finding order was not against the weight of the evidence (cf., CPL 470.15).
Mangano, P.J., Copertino, Joy, Florio and Luciano, JJ., concur.