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Matter of Lorenzo M

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 413 (N.Y. App. Div. 1999)

Opinion

Submitted June 16, 1999

October 12, 1999

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 (Hepner, J.).


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

Viewing the evidence in the light most favorable to the presentment agency (cf., People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the appellant's guilt beyond a reasonable doubt ( see, Matter of David H., 69 N.Y.2d 792, 793; Matter of Antoine L., 248 A.D.2d 472; Family Ct Act 342.2; Matter of B., 265 A.D.2d 409 [decided herewith]). Additionally, "questions regarding the credibility of witnesses, as well as the weight of the evidence, are primarily matters to be resolved by the trier of fact. Its determination is accorded great deference as it had the opportunity to view the witnesses, hear their testimony, and observe their demeanor" ( Matter of Severn J., 250 A.D.2d 682, 683; Matter of Antoine L., supra; Matter of Erik D., supra). 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[5]).

MANGANO, P.J., SANTUCCI, KRAUSMAN, FLORIO, and H. MILLER, JJ., concur.


Summaries of

Matter of Lorenzo M

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 413 (N.Y. App. Div. 1999)
Case details for

Matter of Lorenzo M

Case Details

Full title:In the MATTER OF LORENZO M. (Anonymous), Appellant

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

Date published: Oct 12, 1999

Citations

265 A.D.2d 413 (N.Y. App. Div. 1999)
696 N.Y.S.2d 844

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