In re Ebony H.
Opinion of the Court
—In a juvenile de
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, People v Contes, 60 NY2d 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 finder of fact, which saw and heard the witnesses (see, People v Gaimari, 176 NY 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, 44 AD2d 86). Upon the exercise of our factual review power, we are satisfied that the finding of guilt is not against the weight of the evidence (see, Matter of Elliot K., 206 AD2d 533; CPL 470.15 [5]; People v Morgan, 191 AD2d 649).
The Family Court did not improvidently exercise its discretion in denying the appellant’s request for a continuance (see, People v Foy, 32 NY2d 473; People v Nunez, 199 AD2d 285; People v Rodriguez, 188 AD2d 494). Bracken, J. P., Copertino, Joy and Altman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.