Opinion
February 24, 1992
Appeal from the Supreme Court, Queens County (Naro, J.).
Ordered that the judgments are affirmed.
Although the defendant testified that he told the arresting officer that he had an attorney and wanted her to be present at a lineup, the hearing court did not believe that he had made such a request and accepted the contrary testimony of the officer, a determination of credibility we find no reason to disturb on this appeal (see, Kirby v. Illinois, 406 U.S. 682; People v. Coates, 74 N.Y.2d 244; People v. Prochilo, 41 N.Y.2d 759; People v. Carter, 166 A.D.2d 540). Moreover, the defendant's sentence was not excessive. Bracken, J.P., O'Brien, Ritter and Copertino, JJ., concur.