From Casetext: Smarter Legal Research

Matter of Luis

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1994
202 A.D.2d 430 (N.Y. App. Div. 1994)

Opinion

March 7, 1994

Appeal from the Family Court, Westchester County (Murphy, J.).


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

Viewing the evidence in the light most favorable to the petitioner (see, People v. Contes, 60 N.Y.2d 620), we find that it is legally sufficient to establish the appellant's guilt beyond a reasonable doubt. Moreover, 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 fact-finder, which saw and heard the witnesses (see, People v. Gaimari, 176 N.Y. 84, 94). Since this case was tried before a court without a jury, the greatest respect must be accorded the determination of the hearing court in assessing the credibility of the witnesses and in resolving disputed questions of fact (see, Matter of Jamal V., 159 A.D.2d 507; Matter of Angel R., 134 A.D.2d 265, 266). The decision of the Family Court is accorded the same weight as that given to a jury verdict (see, People v. Carter, 63 N.Y.2d 530; 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 is not against the weight of the credible evidence (see, CPL 470.15).

We have considered the appellant's remaining contentions regarding the timeliness of the fact-finding and dispositional hearings and find them to be unpreserved for appellate review (see, CPL 470.05). Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.


Summaries of

Matter of Luis

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1994
202 A.D.2d 430 (N.Y. App. Div. 1994)
Case details for

Matter of Luis

Case Details

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

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

Date published: Mar 7, 1994

Citations

202 A.D.2d 430 (N.Y. App. Div. 1994)
608 N.Y.S.2d 704

Citing Cases

In re Paul QQ.

Petitioner now appeals. We affirm. It is beyond cavil that the presentment agency has the burden of…

Matter of Luis M

Decided November 1, 1994 Appeal from (2d Dept: 202 A.D.2d 430) MOTIONS FOR LEAVE TO APPEAL GRANTED OR…