Opinion
May 15, 1995
Appeal from the Family Court, Queens County (Sparrow, J.).
Ordered that the order is affirmed, without costs or disbursements.
The evidence is legally sufficient to support the finding that the appellant committed acts, which if committed by an adult, would have constituted the crime of assault in the third degree. The complainant testified that he experienced pain, headaches, and blurred vision and that he sought medical attention and missed one week of school as a result of the appellant's hitting him in the face with a lock. This testimony is sufficient to establish that the complainant sustained a physical injury as that term is defined in the Penal Law (see, Penal Law § 10.00, 120.00 Penal; People v Sloan, 202 A.D.2d 525; Matter of Clem F., 198 A.D.2d 223; People v Soto, 184 A.D.2d 673; cf., People v Chandler, 120 A.D.2d 542).
The appellant contends that the complainant's testimony is not credible. 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; see also, 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 Family Court's determination is not against the weight of the evidence (cf., CPL 470.15).
We have considered the appellant's remaining contentions and find them to be without merit. Sullivan, J.P., O'Brien, Thompson and Hart, JJ., concur.