Opinion
April 5, 1999
Appeal from the Supreme Court, Suffolk County (Mullen, J.).
Ordered that the judgment is affirmed.
Following a reconstruction hearing, the court determined that there was no basis for the defendant's claim that he was promised no jail time and/or dismissal of the instant charges in exchange for his cooperation. We affirm.
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 hearing court, 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 are satisfied that the hearing court properly credited the testimony of the prosecutor, who was present at the conference in question, and who testified that no promises as to the disposition of this case were made to the defendant.
The defendant's remaining contentions are without merit.
O'Brien, J. P., Santucci, Joy and Friedmann, JJ., concur.