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Matter of Tyrik

Appellate Division of the Supreme Court of New York, Second Department
Aug 22, 1994
207 A.D.2d 485 (N.Y. App. Div. 1994)

Opinion

August 22, 1994

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


Ordered that the order 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 the defendant's guilt beyond a reasonable doubt. The complainant's hearing testimony was generally logical and consistent. It was sufficient to establish that appellant committed acts which constituted the elements of sexual abuse in the first degree (see, Penal Law § 130.65, [3]), together with acts which constituted the elements of unlawful imprisonment in the first degree (see, Penal Law § 135.10) and menancing (see, Penal Law § 120.15).

Moreover, 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 fact-finder, which saw and heard the witnesses (see, 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 (see, People v. Garafolo, 44 A.D.2d 86, 88).

We see no basis in the record to disturb the Family Court's determination that the complainant's testimony was credible. Moreover, upon the exercise of our factual review power, we are satisfied that the finding of guilt was not against the weight of the credible evidence (see, CPL 470.15).

We have considered the appellant's remaining contention and find it to be without merit. Thompson, J.P., Balletta, O'Brien and Florio, JJ., concur.


Summaries of

Matter of Tyrik

Appellate Division of the Supreme Court of New York, Second Department
Aug 22, 1994
207 A.D.2d 485 (N.Y. App. Div. 1994)
Case details for

Matter of Tyrik

Case Details

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

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

Date published: Aug 22, 1994

Citations

207 A.D.2d 485 (N.Y. App. Div. 1994)
616 N.Y.S.2d 240