Opinion
February 9, 1998
Appeal from the Family Court, Queens County (Freeman, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
The appellant contends that the court's findings of fact are against the weight of the evidence. In particular, the appellant contends that the victim's testimony was too "shaky" to establish her identity as the perpetrator of the acts in issue beyond a reasonable doubt, especially in light of the "credible" defense testimony. Resolution of issues of credibility, however, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the finder of fact, which saw and heard the witnesses ( see, Matter of Stafford B., 187 A.D.2d 649; 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 Stafford B., supra; cf., People v. Garafolo, 44 A.D.2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the court's finding of guilt is not against the weight of the evidence ( cf., CPL 470.15).
Joy, J.P., Krausman, Goldstein and Luciano, JJ., concur.