In re James B.
Opinion of the Court
—In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Queens County (Fitzmaurice, J.), dated October 1, 1997, which, upon a fact-finding order of the same court, dated January 1, 1997, made after a hearing, finding that the appellant had committed acts which, if committed by an adult, would have constituted the crimes of sodomy in the first degree, sexual abuse in the first degree, and sexual abuse in the second degree, adjudged him to be a juvenile delinquent and placed him with the New York State Division of Youth for a period of 18 months.
Ordered that the order of disposition is affirmed, without costs or disbursements.
The trial court did not improvidently exercise its discretion in allowing the six-year-old complainant to testify as a sworn
Viewing the evidence in the light most favorable to the presentment agency (cf., People v Contes, 60 NY2d 620; see, Matter of Stephanie F., 194 AD2d 789), we find that it was legally sufficient to support the fact-finding order. Resolutions 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 fact, which saw and heard the witnesses (cf., People v Gaimari, 176 NY 84, 94). Its determination should not be disturbed unless clearly unsupported by the record (cf., People v Garafolo, 44 AD2d 86, 88; see, Matter of Stephanie F., supra). Moreover, upon the exercise of our factual review power, we find that the finding of guilt was not against the weight of the evidence (cf., CPL 470.15 [5]).
The appellant’s remaining contentions are without merit. Ritter, J. P., Santucci, Luciano and H. Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.