In re Mikhail V.
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, Suffolk County (Freundlich, J.), entered May 16, 2003, which, upon a fact-finding order of the same court dated May 16, 2003, made after a hearing, finding, inter alia, that the appellant committed acts, which, if committed by an adult, would have constituted the crime of sodomy (now criminal sexual act) in the first degree, after a dispositional hearing, adjudged him to be a juvenile delinquent, and placed him in the custody of the New York State Office of Children and Family Services for a period of three years.
Ordered that the order of disposition is affirmed, without costs or disbursements.
“[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 fact, which saw and heard the witnesses” (Matter of Kevin M., 6 AD3d 616 [2004]; cf. People v Larkin, 260 AD2d 403 [1999]). Its determination is accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see Matter of James G., 309 AD2d 935 [2003]; Matter of Dennis G., 294 AD2d 501 [2002]). Upon the exercise of our factual review power, we find that the Family Court’s findings of fact were supported by the evidence (see CPL 470.15 [5]; Matter of Kevin M., supra).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.