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MATTER OF W.

161 A.D.2d 182 (1990)

In the Matter of Jermaine W., a Person Alleged to be a Juvenile Delinquent, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 3, 1990

The hearing court properly credited Police Officer McSwigin's consistent testimony regarding observations he made of the respondent under well-lit conditions. Credibility is an issue to be determined by the trier of facts who is in a superior position to view the various witnesses and weigh their respective testimony (People v Mendez, 75 A.D.2d 400, 404).

McSwigin testified to having an unobstructed view of the furtive respondent...

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