In re Kiheem T.
Opinion of the Court
βIn a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Esquirol, J.), dated March 7,1995, which, upon a fact-finding order of the same court dated February 15,
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 NY2d 620), we find that it was legally sufficient to support the determination made in the fact-finding order. Moreover, 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 (cf., People v Gaimari, 176 NY 84, 94). Its determination should lie accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (cf., People v Garafolo, 44 AD2d 86, 88; see also, Matter of Joseph J., 205 AD2d 776; Matter of Stafford B., 187 AD2d 649). 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 [5]). Bracken, J. P., Miller, Joy, Hart and Krausman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.