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Matter of Antoine L

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1998
248 A.D.2d 472 (N.Y. App. Div. 1998)

Opinion

March 9, 1998

Appeal from the Family Court, Kings County (McLeod, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

Viewing the evidence in the light most favorable to the present agency ( see, Matter of David H., 69 N.Y.2d 792, 793; Matter of Aulden M., 226 A.D.2d 536; cf., People v. Contes, 60 N.Y.2d 620, 621), 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 fact, which saw and heard the witnesses ( Matter of Kiheem T., 229 A.D.2d 545; cf., People v. Gaimari, 176 N.Y. 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record ( see, Matter of Derrick N., 228 A.D.2d 445; Matter of Joseph J., 205 A.D.2d 776, 777; Matter of Kwan M., 159 A.D.2d 707; cf, People v. Garafolo, 44 A.D.2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the findings of fact were not against the weight of the evidence ( cf., CPL 470.15).

The Family Court did not improvidently exercise its discretion in denying the appellant's motion to sever his case from that of his correspondent ( see, Family Ct. Act § 311.3).

The appellant's remaining contentions are without merit.

Rosenblatt, J.P., O'Brien, Ritter and Goldstein, JJ., concur.


Summaries of

Matter of Antoine L

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1998
248 A.D.2d 472 (N.Y. App. Div. 1998)
Case details for

Matter of Antoine L

Case Details

Full title:In the Matter of ANTOINE L., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 9, 1998

Citations

248 A.D.2d 472 (N.Y. App. Div. 1998)
668 N.Y.S.2d 925

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