The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility (see People v Gaimari, 176 N.Y. 84, 94 [1903]). Under the amendment to Family Court Act § 343.1 (2) that took effect shortly before the fact-finding hearing, the nine-year-old victim was swearable by virtue of his age. In any event, the record also establishes that he understood...
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