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Matter of Frank Z

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 1999
259 A.D.2d 705 (N.Y. App. Div. 1999)

Opinion

March 22, 1999

Appeal from the Family Court, Dutchess County (Pagones, J.).


Ordered that the orders of disposition are affirmed, without costs or disbursements.

Viewing the evidence in the light most favorable to the presenting agency (see, Matter of David H., 69 N.Y.2d 792; Matter of Haile B., 252 A.D.2d 497; Matter of Marcel F., 233 A.D.2d 442; Matter of Aulden M., 226 A.D.2d 536), we find that it was legally sufficient to prove beyond a reasonable doubt that the appellant committed acts which, if committed by an adult, would have constituted the crimes of attempted assault in the third degree, menacing in the third degree, and criminal trespass in the third degree (see, Penal Law § 110.00, 120.00 Penal [1]; §§ 120.15, 140.10 [d]). Resolution of issues of credibility, as well as the weight to be accorded the evidence, are primarily questions to be determined by the finder of fact, which saw and heard the witnesses (see, Matter of Haile B., supra; Matter of Joseph J., 205 A.D.2d 776). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, Matter of Nnennya P., 247 A.D.2d 476; Matter of Stafford B., 187 A.D.2d 649). Upon the exercise of our factual review power, we are satisfied that the court's determinations were not against the weight of the evidence (cf., CPL 470.15).

Bracken, J. P., Sullivan, Altman and Friedmann, JJ., concur.


Summaries of

Matter of Frank Z

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 1999
259 A.D.2d 705 (N.Y. App. Div. 1999)
Case details for

Matter of Frank Z

Case Details

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

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

Date published: Mar 22, 1999

Citations

259 A.D.2d 705 (N.Y. App. Div. 1999)
686 N.Y.S.2d 833

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