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Matter of Joseph

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 1994
205 A.D.2d 776 (N.Y. App. Div. 1994)

Opinion

June 27, 1994

Appeal from the Family Court, Queens County (Lauria, J.).


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

Viewing the evidence in the light most favorable to the presenting agency (see, People v. Contes, 60 N.Y.2d 620; Matter of Stafford B., 187 A.D.2d 649, 650), we find that it was legally sufficient to support the fact-finding order. 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, which saw and heard the witnesses (see, 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 generally, People v. Garafolo, 44 A.D.2d 86, 88; see also, Matter of Jermaine T., 150 A.D.2d 702; Matter of Michael D., 109 A.D.2d 633, affd 66 N.Y.2d 843). 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). Lawrence, J.P., Ritter, Hart and Krausman, JJ., concur.


Summaries of

Matter of Joseph

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 1994
205 A.D.2d 776 (N.Y. App. Div. 1994)
Case details for

Matter of Joseph

Case Details

Full title:In the Matter of JOSEPH J., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 27, 1994

Citations

205 A.D.2d 776 (N.Y. App. Div. 1994)
614 N.Y.S.2d 316

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