From Casetext: Smarter Legal Research

Matter of Ricardo R

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1998
247 A.D.2d 479 (N.Y. App. Div. 1998)

Opinion

February 9, 1998

Appeal from the Family Court, Queens County (Freeman, J.).


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

Viewing the evidence in the light most favorable to the presenting agency ( cf., People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to support the fact-finding order. Resolution of issues of credibility, as well as the weight to be accorded to the evidence, are primarily questions to be determined by the trier of fact, which saw and heard the witnesses ( cf., People v. Gaimari, 176 N.Y. 84). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record ( cf., People v. Garafolo, 44 A.D.2d 86, 88; see also, Matter of Stephanie F., 194 A.D.2d 789; Matter of Nikkia C., 187 A.D.2d 581). Upon the exercise of our factual review power, we are satisfied that the finding that the appellant had committed acts, which, if committed by an adult would have constituted the crimes of grand larceny in the fourth degree and criminal possession of stolen property in the fifth degree was not against the weight of the evidence ( cf., CPL 470.15).

Bracken, J.P., Rosenblatt, Ritter and Friedmann, JJ., concur.


Summaries of

Matter of Ricardo R

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1998
247 A.D.2d 479 (N.Y. App. Div. 1998)
Case details for

Matter of Ricardo R

Case Details

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

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

Date published: Feb 9, 1998

Citations

247 A.D.2d 479 (N.Y. App. Div. 1998)
667 N.Y.S.2d 951