In re Elijah R.
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, Kings County (O’Donoghue, J.), dated June 29, 2004, which, upon a fact-finding order of the same court dated May 4, 2004, finding that the appellant had committed an act which, if committed by an adult, would have constituted the crime of attempted assault in the third degree, adjudged him to be a juvenile delinquent and placed him on probation for a period of 12 months. The appeal brings up for review the fact-finding order dated May 4, 2004.
Ordered that the order is affirmed insofar as reviewed, without costs or disbursements.
Resolution of issues of credibility, as well as the weight to be accorded the evidence presented, are primarily questions to be determined by the finder of fact, which saw and heard the witnesses. Its determination should be accorded great weight on appeal, and should not be disturbed unless clearly unsupported by the record (see Matter of Nicholas M., 11 AD3d 545 [2004]; Matter of Benjamin J., 10 AD3d 608 [2004]). Upon the exercise of our factual review power, we are satisfied that the Family Court’s findings of fact were not against the weight of the evidence (cf CPL 470.15 [5]). Ritter, J.P., Krausman, Goldstein and Lifson, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.