Opinion
September 16, 1993
Appeal from the Supreme Court, New York County (Juanita Bing Newton, J.).
According the hearing court's determination of credibility appropriate weight (People v Prochilo, 41 N.Y.2d 759, 761; People v Hernandez, 172 A.D.2d 466, lv denied 78 N.Y.2d 1077), we conclude that the officer's testimony that he saw the butt of a gun in defendant's waist is not incredible as a matter of law, and was not tailored to overcome constitutional objections (see, People v Garafolo, 44 A.D.2d 86, 88).
Concur — Rosenberger, J.P., Wallach, Asch and Rubin, JJ.