Opinion
April 23, 1990
Appeal from the Supreme Court, Kings County (Heller, J.).
Ordered that the judgment is affirmed.
We find that the hearing court properly denied those branches of the defendant's omnibus motion which were to suppress certain physical evidence and his statement. Issues of credibility of witnesses are primarily for the hearing court and its findings should be upheld unless they are clearly erroneous (see, People v. Armstead, 98 A.D.2d 726; see also, People v. Garafolo, 44 A.D.2d 86). The evidence adduced at the hearing established that the defendant's car was properly stopped after police had observed him in a dispute with a citizen informant who then told the officers that the defendant had just pointed a gun at him (see, People v. Hernandez, 125 A.D.2d 492). When a frisk of the defendant produced two .25 caliber bullets, the police were authorized to search the accessible areas of the car which the defendant had just exited (see, People v. Ellis, 93 A.D.2d 657, affd 62 N.Y.2d 393; People v. Walker, 151 A.D.2d 794; People v. Rosen, 112 A.D.2d 253). Accordingly, the search of the car and the seizure of the gun found under the driver's seat did not violate the defendant's constitutional rights. In addition, since the defendant's arrest was lawful and he admitted that he was apprised of his Miranda rights, his statement to the police was properly found to be admissible.
Under the circumstances of this case, the sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80). Mangano, P.J., Bracken, Kunzeman and Sullivan, JJ., concur.