Opinion
April 25, 1994
Appeal from the Supreme Court, Suffolk County (McInerney, J.).
Ordered that the judgment is affirmed.
The initial stopping and detention of the defendant constituted justifiable police conduct (see generally, People v Leung, 68 N.Y.2d 734, 736; People v Troche, 185 A.D.2d 368). We further find that, although not charged as such, the officers had probable cause to arrest the defendant for harassment in the second degree, and therefore the subsequent search of the defendant's person was incident to a lawful arrest (see generally, United States v Robinson, 414 U.S. 218; People v Wilson, 187 A.D.2d 689).
Viewing the evidence adduced at the trial in a light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), specifically the testimony of the two police officers that a large amount of money and cocaine were recovered from the defendant's coat pocket, we find that it was legally sufficient to support the conviction. Moreover, resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the jury, which saw and heard the witnesses (see, People v Gaimari, 176 N.Y. 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, 44 A.D.2d 86, 88). We further find that the verdict was not against the weight of the evidence.
The defendant's sentence was not excessive (see, People v Delgado, 80 N.Y.2d 780; People v Suitte, 90 A.D.2d 80).
We have reviewed the defendant's remaining contentions and find that they are without merit. Mangano, P.J., Miller, Hart and Florio, JJ., concur.