In re Isaiah Mc.

Oct 27, 2009
Reporters:
,

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

Viewing the evidence adduced at the fact-finding hearing in the light most favorable to the presentment agency (see Matter of David H., 69 NY2d 792, 793 [1987]; Matter of Daniel R., 51 AD3d 933, 934 [2008]; Matter of Shariff A., 28 AD3d 546, 547 [2006]; Matter of Tiffany M., 24 AD3d 556 [2005]; cf. People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the appellant‘s identity as the perpetrator beyond a reasonable doubt (see Family Ct Act § 342.2 [2]; Matter of Jonathan H., 39 AD3d 856, 857 [2007]; see also Matter of Jamal V., 159 AD2d 507 [1990]; Matter of Angel R., 134 AD2d 265, 266 [1987]; cf. People v Newton, 46 NY2d 877, 879 [1979]).

Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (cf. CPL 470.15 [5]; People v Danielson, 9 NY3d 342, 348 [2007]), we nevertheless accord great deference to the trier of fact‘s opportunity to view the witnesses, hear the testimony, and observe demeanor (see Matter of Daniel R., 51 AD3d 933, 934 [2008]; Matter of Shariff A., 28 AD3d at 547; Matter of Tiffany M., 24 AD3d at 556; cf. People v Mateo, 2 NY3d 383, 410 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the Family Court‘s fact-finding determination was not against the weight of the evidence (see Family Ct Act § 342.2 [2]; cf. People v Romero, 7 NY3d 633, 644-645 [2006]). Skelos, J.P., Covello, Leventhal and Roman, JJ., concur.