From Casetext: Smarter Legal Research

Matter of Malik

Appellate Division of the Supreme Court of New York, Second Department
Jan 18, 1994
200 A.D.2d 621 (N.Y. App. Div. 1994)

Opinion

January 18, 1994

Appeal from the Family Court, Rockland County (Stanger, 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 (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish appellant's guilt beyond a reasonable doubt. The record does not support the appellant's contention that the testimony of the key prosecution witness was so fraught with inconsistencies as to be intrinsically unreliable. Moreover, as the trier of fact, the hearing court's determination is entitled to great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v. Williams, 177 A.D.2d 526; Matter of Robert S., 159 A.D.2d 358; People v. Garafolo, 44 A.D.2d 86, 88). Upon the exercise of our factual review power we are satisfied that the finding of guilt was not against the weight of the evidence (CPL 470.15).

We have examined the appellant's remaining contentions and find them to be without merit (see, People v. Moulton, 43 N.Y.2d 944; People v. Andre W., 44 N.Y.2d 179; see also, Delaware v Fensterer, 474 U.S. 15). Ritter, J.P., Copertino, Pizzuto and Joy, JJ., concur.


Summaries of

Matter of Malik

Appellate Division of the Supreme Court of New York, Second Department
Jan 18, 1994
200 A.D.2d 621 (N.Y. App. Div. 1994)
Case details for

Matter of Malik

Case Details

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

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

Date published: Jan 18, 1994

Citations

200 A.D.2d 621 (N.Y. App. Div. 1994)
608 N.Y.S.2d 851

Citing Cases

In re Demetri

In any event, the appellant's contention is without merit. The appellant was afforded a full and fair…

In re Beauty

In any event, the appellant's contention is without merit. The appellant was afforded a full and fair…