Matter of Edwin B.

Decision Date01 November 1999
Citation266 A.D.2d 210,696 N.Y.S.2d 894
PartiesIn the Matter of EDWIN B., a Person Alleged to be a Juvenile Delinquent, Appellant.
CourtNew York Supreme Court — Appellate Division

Bracken, J. P., Santucci, Altman, Friedmann and H. Miller, JJ., concur.

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, Matter of Joseph J., 205 AD2d 776; cf., People v Contes, 60 NY2d 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 facts, which saw and heard the witnesses (cf., People v Gaimari, 176 NY 84, 94; Matter of Joseph J., supra). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, Matter of Joseph J., supra; cf., People v Garafolo, 44 AD2d 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 (cf., CPL 470.15 [5]).

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  • Edwin B., In re
    • United States
    • New York Supreme Court — Appellate Division
    • 1 Noviembre 1999
    ...696 N.Y.S.2d 894 ... In the Matter of EDWIN B. (Anonymous), appellant ... Supreme Court, Appellate Division, ... Second Department, New York ... Nov. 1, 1999 ...         Johanna G. Hendrix, Staten Island, N.Y., for appellant ...         Michael D. Hess, Corporation Counsel, New York, N.Y. (Leonard Koerner and ... ...
  • Matter of Frank C.
    • United States
    • New York Supreme Court — Appellate Division
    • 19 Abril 2001
    ...by an adult, would have constituted the crime of robbery in the second degree (see, Matter of Daryl W., 275 A.D.2d 792; Matter of Edwin B., 266 A.D.2d 210; cf., People v Contes, 60 N.Y.2d 620). Moreover, resolution of issues of credibility, as well as the weight to be accorded the evidence,......
  • Matter of William U.
    • United States
    • New York Supreme Court — Appellate Division
    • 9 Julio 2001
    ...power, we are satisfied that the Family Court's fact-finding determination was not against the weight of the evidence (see, Matter of Edwin B., 266 A.D.2d 210). The appellant's challenge to the Family Court's disposition is academic, since he has completed the placement (see, Matter of Cran......
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