Opinion
November 5, 1984
Appeal from the Supreme Court, Kings County (Goldstein, J.).
Judgment affirmed.
The record does not establish that the People's witness's testimony was incredible as a matter of law. Accordingly, the hearing court properly denied defendant's motion to suppress the physical evidence (see People v Di Stefano, 38 N.Y.2d 640; People v Armstead, 98 A.D.2d 726). Niehoff, J.P., Boyers, Lawrence and Eiber, JJ., concur.