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eBook details

• Title: Matter Kwan M. (Anonymous)
• Author : Supreme Court of New York
• Release Date : January 26, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

DECISION & ORDER Viewing the evidence in the light most favorable to the presenting agency (see, Matter of David H.,
69 N.Y.2d 792, 793; Matter of Anthony J., 143 A.D.2d 668, 669), we find that it was legally sufficient by an adult, would
constitute the crime of assault in the third degree (see, Family Court Act § 342.2[2]). The presentening agency's evidence
showed that the appellant had recklessly caused physical injury to the complaint by kicking her in the back with such force
that she hit her head on a fence and fell to the ground, rendering her unconscious for a period of time. We find no merit to the appellant's further contention that the Family Court improperly discredited the testimony of his
witness, which purportedly contradicted the testimony of the complainant and her brother. 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 Family Court,
as the trier of fact, which saw and heard the witnesses (see, Matter of Vernon M., 144 A.D.2d 560, 561). Its determination
should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, Matter
of Vernon M., supra, at 561; Matter of Angel R., 134 A.D.2d 265, 266). Upon the exercise of our factual review power (CPL
470.15[5]), we find nothing in the record that persuades us to disturb the Family Court's adjudication.

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