Matter of Erron A.

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentAug 2, 1999
264 A.D.2d 392 (N.Y. App. Div. 1999)
264 A.D.2d 392693 N.Y.S.2d 233

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  • In re Christian

    …Viewing the evidence in the light most favorable to the presentment agency ( see Matter of David H., 69 NY2d…

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August 2, 1999.

Appeal from the Family Court, Kings County (Porzio, 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 ( see, Matter of Joan P., 245 A.D.2d 381; cf., People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to support the conclusion that the appellant committed acts which, if committed by an adult, would constitute the crime of sexual abuse in the first degree 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, who had the benefit of seeing and hearing 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 verdict of guilt is not against the weight of the evidence ( see, CPL 470.15).

Bracken, J. P., Goldstein, McGinity and Schmidt, JJ., concur.