Opinion
October 16, 1995
Appeal from the Supreme Court, Kings County (Grajales, J.).
Ordered that the judgment is affirmed.
The hearing court's determination of issues of credibility is accorded great weight on appeal and should not be disturbed unless clearly unsupported by the evidence ( see, People v Prochilo, 41 N.Y.2d 759; People v. Almodovar, 168 A.D.2d 454). The police officer's testimony at the suppression hearing in this case that the defendant threw away his weapon as the officer exited his patrol car is not incredible as a matter of law ( see, People v. Boone, 183 A.D.2d 721). In addition, we note that the defendant abandoned the weapon prior to being approached by the officer ( see, People v. Aybar, 162 A.D.2d 283; People v Williams, 123 A.D.2d 652). Mangano, P.J., Balletta, Pizzuto and Santucci, JJ., concur.