Matter of Frank C.

• Decision Date: 29 May 2001
• Citation: 283 A.D.2d 643,725 N.Y.S.2d 872
• Parties: In the Matter of FRANK C., a Person Alleged to be a Juvenile Delinquent, Appellant.
• Court: New York Supreme Court — Appellate Division

283 A.D.2d 643

725 N.Y.S.2d 872

In the Matter of FRANK C., a Person Alleged to be a Juvenile Delinquent, Appellant.

Decided May 29, 2001.

Santucci, J. P., Altman, Florio and Adams, JJ., concur.

Ordered that the appeal from so much of the order of disposition as placed the appellant on probation for 12 months is dismissed as academic, without costs or disbursements, as the period of placement has expired; and it is further,

Ordered that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.

Viewing the evidence in the light most favorable to the presentment agency, we find that it was legally sufficient to prove beyond a reasonable doubt that the defendant had committed acts which, if committed by an adult, would have constituted the crime of robbery in the second degree (see, Matter of Daryl W., 275 AD2d 792; Matter of Edwin B., 266 AD2d 210; cf., People v Contes, 60 NY2d 620). Moreover, resolution of issues of credibility, as well as the weight to be accorded the evidence, are primarily questions to be determined by the trier of fact, who saw and heard the witnesses (cf., People v Gaimari, 176 NY 84, 94). 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]; People v Garafolo, 44 AD2d 86).