From Casetext: Smarter Legal Research

Matter of Lavon

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1989
150 A.D.2d 460 (N.Y. App. Div. 1989)

Opinion

May 8, 1989

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


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

Viewing the evidence in the light most favorable to the prosecution (cf., People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish that the appellant committed an act which, if committed by an adult, would have constituted the crime of criminal possession of a weapon in the third degree (see, Penal Law § 265.02). Moreover, upon the exercise of our factual review power, we are satisfied that the finding was not against the weight of the evidence (Family Ct Act § 342.2; cf., CPL 470.15). Resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the trier of fact, which saw and heard the witnesses (see, Matter of Dennis N., 110 A.D.2d 703; cf., People v Gaimari, 176 N.Y. 84, 94).

We have reviewed appellant's remaining argument and find it to be without merit. Mangano, J.P., Thompson, Bracken and Eiber, JJ., concur.


Summaries of

Matter of Lavon

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1989
150 A.D.2d 460 (N.Y. App. Div. 1989)
Case details for

Matter of Lavon

Case Details

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

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

Date published: May 8, 1989

Citations

150 A.D.2d 460 (N.Y. App. Div. 1989)

Citing Cases

Matter of Nikim

This proceeding was commenced against the appellant based on the allegation of the arresting officer that he…