Opinion
June 9, 1995
Appeal from the Onondaga County Court, Burke, J.
Present — Pine, J.P., Fallon, Doerr, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The People met their burden of proving that defendant was a predicate felon. Defendant presented testimony at the hearing that his prior conviction was unconstitutionally obtained because the prosecutor failed to disclose a promise to a witness in exchange for the witness's testimony. The People, on the other hand, presented the testimony of the Assistant District Attorney that no such promise was made. The hearing court chose to credit the testimony of the People's witness. Issues of credibility are to be determined by the hearing court, which sees and hears the witnesses (see, People v Jackson, 198 A.D.2d 301, 302, lv denied 83 N.Y.2d 806; People v Mitchell, 184 A.D.2d 737, 738, lv denied 80 N.Y.2d 907). Upon our review of the record, we conclude that defendant's plea was knowing, intelligent and voluntary (see, People v. Lopez, 71 N.Y.2d 662, 666).